Ex's former employers haven't paid pension sharing for two months. Advice please

[Rosie500]

Hi went to court on Wednesday it was awful! My ex is in Spain I had to put up with him talking to the Judge on the phone. He did not comply with the court order that was issued, a hearing is going to take place in September for an hour! The judge told my ex that she was putting a Penal Notice on the court order and told him that if he did not comply with the order he would've held in contempt of court. He could face two years in prison or an unlimited fine. He certainly did not go from the UK to France and then from France to Spain on shirt buttons. He had his own property here so I would think that he has sold that and is probably living off the proceeds. I cannot imagine for one minute that he is only living on his company pension and state pension. I honestly do not know the best way to go on this. I know exactly what all Thisis about - control! By him causing all this trouble is a form of control. TheJudge said that something needs to be done so that we don't need to have anything to do with one another again. This whole situation is causing me a great deal of worry. Two years in prison would do him good!

Rosie500

Hi I have not had any reply to my post. I feel the Judge is not listening to me. I sent in statement detailing everything that has happened, she said she could not comment on it. She gave me the impression that she did not believe my statement, which I can assure is absolutely accurate. CAPS have sent me a statement of payments along with a letter which I will submit to the Court. My patience is rapidly running out. The Judge mentioned the Guaranteed Minimum Pension that has absolutely nothing to do with anything. The Protected Earnings Rate is the important factor here. She has all the information stating that the Protected Earnings Rate is £427 every four weeks. She asked me for a copy of the 2001 Court Order which I will send. Can anybody offer any words of wisdom.

Rosie500

[Kati]

Tagging Ula Celestine xx

[ULA]

Sorry Rosie500 and Kati this is outside of my expertise so I'm not much help

[Kati]

mariefab or Peridot maybe??

[mariefab]

Sorry, I can't help with this either.

[Peridot]

Hi Rosie500,

I'm not sure what else can be done at this point. The Court has made a penal notice stating that if your ex doesn't comply then he will be held in contempt and consideration of the punishment for that will be taken in due course, I suspect at the September hearing.

I appreciate this all takes an apparently ridiculous amount of time but it is heading in the direction you need with a hearing having been listed for September. What is the hearing actually to deal with or is it to ensure another date was set so that if he didn't comply then it would be dealt with then?

From the sounds of it you've done everything expected of you, unless a further directions order has been made requesting witness statements for example. I'm afraid I think you need to sit tight and let the Court deal with this. As I say they have attached a penal notice which is as much as they can do to try and force your ex to comply with the order at this stage. The hoops have to be jumped through unfortunately but it does ensure the process is correctly applied If it wasn't the Court could be at risk of any decision/order they make being appealed and potentially your ex getting away with his shenanigans.

[Rosie500]

Hi Rosie500,

I'm not sure what else can be done at this point. The Court has made a penal notice stating that if your ex doesn't comply then he will be held in contempt and consideration of the punishment for that will be taken in due course, I suspect at the September hearing.

I appreciate this all takes an apparently ridiculous amount of time but it is heading in the direction you need with a hearing having been listed for September. What is the hearing actually to deal with or is it to ensure another date was set so that if he didn't comply then it would be dealt with then?

From the sounds of it you've done everything expected of you, unless a further directions order has been made requesting witness statements for example. I'm afraid I think you need to sit tight and let the Court deal with this. As I say they have attached a penal notice which is as much as they can do to try and force your ex to comply with the order at this stage. The hoops have to be jumped through unfortunately but it does ensure the process is correctly applied If it wasn't the Court could be at risk of any decision/order they make being appealed and potentially your ex getting away with his shenanigans.

Hi sorry for taking so long I had no notification of this posting. The hearing didn't take place until the 15th October 2018. The judge had to ask for the Court file to enable her to make a Judgement. I received the mother of all Court Orders on the 30th Novenber which still carried the penal notice. I received a Court Order from CAPS dated 4th January 2019 stating that:

"the Court orders that you must deduct £600 per month (the normal deduction rate) from the defendant's earnings and send it to the address below until further order.

You must not deduct any money which would reduce your employee's net pay below £1,000.00 per month(the protected earnings rate) this has since been reduced.

There is another hearing listed for 27th March as my ex has come out of the woodwork yet again pleading poverty. The new order was only issued a month ago! My ex has been relentless in his mission to stop me getting any money.To date I have not had one payment in line with the Court Order. It would seem very clear to me that he wants to have all and for me to have nothing! I smell a rat here and my ex is the rat! He says he is not trying to deceive the Court I cannot agree with that I believe that is exactly what he wants to do. So far he has tried every trick in the book. I feel this time he has gone a step too far. He has lied so much that he has lied himself into a corner he won't be able to get out of. I am preparing a statement to email to the Court in addition to the one I have already sent. My ex needs to be stopped in his tracks. Any advice would be welcome I will then forward it to the Court for the Judge's attention.

Rosie500