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

[Rosie500]

My ex's former employers haven't paid me any pension sharing for two months. They state that he is below the protected earnings rate, I feel this is untrue as I have been getting payments for eighteen months and even had an increase in June! I feel somebody has cocked up big time. Any advice on how to take this forward would be most welcome. The situation is causing me anxiety. Thanks

Rosie500

[Amethyst]

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

[MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION]

[Rosie500]

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

Thanks for your reply. Unfortunately I can't afford a solicitor I just don't have the money for that. Legal aid is no more! I have contacted my ex's former employers and made it known in no uncertain terms that the situation cannot go on. I thought all the fighting was over, how wrong could I have been!

Rosie500

[Amethyst]

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

This isn't my area, I have no idea how pension sharing works with regards protected earnings - is the pension a final salary pension and therefore shouldn't change? I have tagged a couple of people who might know for you so hopefully they will look in.

[Rosie500]

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

Hi my ex got his pension when he got made redundant from his job, he got a lump sum and his pension. At the time I got divorced there was a court order for this. I went to court in 2015 and finally got an Attachment of Earnings Order on his pension I did this on a Fees free exempt form. Everything was fine until all this happened. I am not amused. It is all very strange how after all this time his employers are saying he is below the protected earnings rate!!! What a load of rubbish!! I still maintain somebody has cocked up. I've been getting this for the past eighteen months. I think my ex's employers need to get their backsides into gear and sort the mess out. Thanks for tagging those people. Hopefully they can smooth my feathers they are rather ruffled at the moment!!

thanks

Rosie500

[ULA]

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

This is not entirely my area of expertise but I will try and help I may need to ask questions a bit at a time then do some research before getting back to you.

At the time of your divorce did the Court issue a pension sharing order (PSO) which states how much of your ex-husband's pension you were entitled to receive?

Is your ex still working or has he retired?

Do you know if they did a scheme internal transfer or an external transfer to another scheme to establish a new separate pension arrangement for you?

[Rosie500]

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

Hi my ex is retired.

A court order was was raised at the time of divorce for 43% of his pension. I had an increase in June which increased my payment to £267.44.

There was no internal scheme or external transfer to another scheme to establish a separate pension arrangement for me. Maybe it would be a good idea if they did establish a separate pension arrangement for me. Would save all this aggrevation. I do feel strongly that somebody has cocked up big time.

Thanks

Rosie500

[ULA]

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

Sorry still need to do a bit of unravelling of the information you have given. Just need a timeline on events.

Did the divorce with the pension sharing order (PSO) happen before or after your ex was made redundant and I presume at that time retired?
By lump sum I presume you mean his redundancy pay? If not do you mean the part lump sum payment of the "pension pot" with the rest being taken as an annual/monthly payment for which you were to receive 43% of the value of the retirement benefit your ex would receive from his pension?
Did your ex work beyond retirement (until he was made redundant) and was drawing a pension as well as working?
Why did you have to get an attachment of earnings order?
Pension payments are normally made by the company the fund is invested in why is his employer paying you the pension payments.

[Rosie500]

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

Hi the order was raised in 2001 at the time of divorce. When my ex was made redundant he got a lump sum from his pension and monthly payments thereafter. I got the Attachment of Earnings Order because his payment record was shambolic! His company are the administrators of the pension. In 2006 he cancelled the standing order he had for maintenance without my knowledge, I only found out no payment had been made when I went to get some money out. I phoned the bank they informed me that he had cancelled the standing order. Up until I got the Attachment of Earnings Order he was consistently refusing to pay. He never worked beyond retirement nor did he work and draw pension. His company pay the payments into the court's account and then CAPS pay it into my bank account. I thought I had finished fighting how wrong was I!! Thanks

Rosie500

[retired solicitor]

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

Hi Rosie

Unfortunately your problem may not have an easy solution. From what you've written, I'm a little confused, it sounds as if you don't have a pension sharing order but an attachment of pension order for 43% of your ex's pension. Which might not be so problematic if his company weren't the administrators of his pension.

In order to make things clearer, could you provide a copy of the relevant court order by way of scanned photograph, omitting relevant identifying details?

[Rosie500]

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

Hi thanks for your thoughts on the situation. I will have a look for the Court Order, the only thing I can do is to photograph it with my IPad and attach it to my reply. Nothing makes any sense, I still have a strong gut feeling that somebody has cocked up big time! Funny how I've never had a problem with my Abbey National pension having said that Abbey (Santander) have standards they wouldn't tolerate cockups. I worked for them for ten years.

Rosie500

[Rosie500]

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

Hi I couldn't scan the court order unfortunately as I only have an IPad at the moment. Here is an extract from the order:

IT IS ORDERED THAT

"The Attachment of Earnings Order be varied such that the normal deduction rate shall, with effect from the next payment date, be £700.00 every four weeks, the protected earnings rate being £750.00 every four weeks.

I hope this helps.

Rosie

[retired solicitor]

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

Thanks for this.

As your ex's employers are stating that his income is below the protected earnings rate, I'm not sure that you're going to get much further with this order.

I presume that you haven't had any communication with your ex and that he hasn't offered any explanation?

You mentioned that the company which administers the pension is your ex's company. I'm not sure what you mean by this. Do you believe that your ex is able to manipulate his income so as to get round the attachment of earnings order?

I wonder whether the more far ranging powers of the divorce court could still be used to assist you. Before I could comment on that possibility, I would need to see the whole of the final order made in your divorce. I need to see which of your claims were closed by that order and which (if any) remain open.

I hope you can find some way of scanning the order or copying the whole text other than the heading. I appreciate that the order may be quite lengthy so scanning a copy would be preferable.

[Rosie500]

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

Hi I would never be surprised if my ex has found a way to manipulate his income. If he has that will be his latest "dirty trick" he has tried every trick in the book to try and stop me from getting my money. I haven't spoken to my ex in years! Better that way otherwise there would be world war three!! LRT's payroll department do a pension run like they would do for salaries. They also issue the pension payment slips.


Extract of the Attachment of Earnings Order sent to the defendant's employer

"The court orders that you must deduct a further £100.00 per month (the normal deduction rate) from the defendant's earnings and send it to the address below until the arrears of £1,950.00 have been paid. You must not deduct any money which would reduce your employee's net pay below £0.00 per month (the protected earnings rate).

The he normal deduction and protected earnings rate may vary from time to time. This is because the attachment of earnings act allows any shortfall to be carried over from pay day to pay day until it is cleared.

Extract from order dated January 2016

The court orders that you must deduct £700.00 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 £750.00 per month (the protected earnings rate)

The normal deduction and protected earnings may vary from time to time. This is because the attachment of earnings act allows any shortfall to be carried over from pay day to pay day until it is cleared.

I will have a look for the Court order for 2001 which was raised at the time of divorce.


Rosie500

ps I hope this helps

[Rosie500]

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

Hi I forgot to say that when I went to Court in 2015 the judge issued a wide ranging order which required my ex to divulge information about his finances including tax returns, bank accounts etc. He did not comply with the order instead he went to a solicitor. It all seems strange that if he had nothing to hide why didn't he comply with the order. It makes me wonder if he is indeed manipulating his income. If so that would be the latest "dirty trick".

Rosie500