Stressing me out!

[Rosie500]

I have had no end of trouble with. My ex husband who refuses to pay pension sharing which he should have been doing years ago. In 2012i obtained an Attachment ofEarnings order against him for arrears of maintenance and the normal maintenance payments themselves. The order needs to be amended for pension sharing, I know legal aid is no more, I badly need advice on how to take this forward. Any help would be appreciated. Frances

[MissFM]

Re: Stressing me out!

Hi Rosie,

Others here will know more about the process but I believe you need to apply to the Court for to vary the AoE order - see here:

http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm667600.htm

Applying to vary an attachment of earnings order

If, at a later date, you believe that the judgment debtor's circumstances have improved materially, you should obtain up-to-date evidence of means and consider applying for the order to be varied.
To apply for a variation of the order, you should prepare three copies of form N244, applying for

• ‘an order under the provisions of Section 9(1) of the Attachment of Earnings Act 1971 increasing the normal deduction rate specified in the attachment of earnings order made in this court on [date] on the grounds that such an order would be reasonable having regard to the judgment debtor’s improved circumstances.’

The court will list the case for hearing and send one copy of the application to the judgment debtor and return one copy to you.

Others more knowledgeable will be along - but meanwhile give yourself a bit of a break, there's no need to stress anymore - you will get excellent support and advice on here :hug

[Rosie500]

Re: Stressing me out!

Thanks for getting back so quick I really appreciate that. I will try and relax a bit more and I will watch out for any more advice. I am so glad I found your site which was totally by accident - a happy accident. Thanks again.

[Rosie500]

Re: Stressing me out!

Hi Nem I have an appointment at the CAB on Friday with a solicitor who will give me. 20 minutes of free advice as to how I should proceed with having the Attachment of Earnings a Order amended for pension sharing. Will let you know what happens. What does concern me is if the solicitor tells me I need professional help with this I am afraid that would put me up the creek without a paddle as I cannot afford to pay a. Solicitor. Any help on this would be appreciated.

[Rosie500]

Re: Stressing me out!

Hi Nem I have an appointment at the CAB on Friday with a solicitor who will give me. 20 minutes of free advice as to how I should proceed with having the Attachment of Earnings a Order amended for pension sharing. Will let you know what happens. What does concern me is if the solicitor tells me I need professional help with this I am afraid that would put me up the creek without a paddle as I cannot afford to pay a. Solicitor. Any help on this would be appreciated.

Hi i hi I have been to the CAB I had twenty minutes of free advice from a solicitor. They use. I got the feeling that some expert help might be needed. The trouble is. I cannot afford a solicitor and legal aid is only available for child cases and domestic violence. I have put out some feelers to see if there is any help out there I can get but so far have heard nothing. Does anybody know of any charities or organisations who could help me with this. Any help would be appreciated. Rosie

[Rosie500]

Re: Stressing me out!

Hi i hi I have been to the CAB I had twenty minutes of free advice from a solicitor. They use. I got the feeling that some expert help might be needed. The trouble is. I cannot afford a solicitor and legal aid is only available for child cases and domestic violence. I have put out some feelers to see if there is any help out there I can get but so far have heard nothing. Does anybody know of any charities or organisations who could help me with this. Any help would be appreciated. Rosie

Hi Nem I have heard from the County Court and the hearing. Is on the 30th October. I know it is a long way off but at least I know there is going to finally be an end to all the battling I have had to do. Will keep you posted Rosie

[nemesis45]

Re: Stressing me out!

Hi Nem I have heard from the County Court and the hearing. Is on the 30th October. I know it is a long way off but at least I know there is going to finally be an end to all the battling I have had to do. Will keep you posted Rosie

Hi Rosie,

Let me know if you need any thing!!

nem

[Rosie500]

Re: Stressing me out!

Hi Rosie,

Let me know if you need any thing!!

nem

Hi Nem thanks I will let you know if I need anything even if it is only to kick his backside! Rosie

[Rosie500]

Re: Stressing me out!

Hi Nem thanks I will let you know if I need anything even if it is only to kick his backside! Rosie

Hi Nem I know the hearing with my ex isn't until 30th October I can't help wondering if he will turn up as he didn't the last time I took him to court in 2010. I feel that maybe because there won't be a solicitor involved this time that he won't turn up. Can the judge amend the Attachment of Earnings Order in his absence as this has been dragging on since 2006! I don't see why not. Rosie

[stevemLS]

Re: Stressing me out!

Yes, if a party doesn't show up the court can proceed in their absence provided it is satisfied that the other side had notice of the hearing.

[nemesis45]

Re: Stressing me out!

Hi Nem I know the hearing with my ex isn't until 30th October I can't help wondering if he will turn up as he didn't the last time I took him to court in 2010. I feel that maybe because there won't be a solicitor involved this time that he won't turn up. Can the judge amend the Attachment of Earnings Order in his absence as this has been dragging on since 2006! I don't see why not. Rosie

The judge will continue as he/she would if the other party was in attendance review the parties submissions and hear the attending parties argument, proceeding as is normal by weighing the balance of probabilities to make a judgement.

It is in your interest to attend Rosie.

nem

- - - Updated - - -

Hi Nem I know the hearing with my ex isn't until 30th October I can't help wondering if he will turn up as he didn't the last time I took him to court in 2010. I feel that maybe because there won't be a solicitor involved this time that he won't turn up. Can the judge amend the Attachment of Earnings Order in his absence as this has been dragging on since 2006! I don't see why not. Rosie

The judge will continue as he/she would if the other party was in attendance review the parties submissions and hear the attending parties argument, proceeding as is normal by weighing the balance of probabilities to make a judgement.

It is in your interest to attend Rosie.

nem

[Rosie500]

Re: Stressing me out!

The judge will continue as he/she would if the other party was in attendance review the parties submissions and hear the attending parties argument, proceeding as is normal by weighing the balance of probabilities to make a judgement.

It is in your interest to attend Rosie.

nem

- - - Updated - - -



The judge will continue as he/she would if the other party was in attendance review the parties submissions and hear the attending parties argument, proceeding as is normal by weighing the balance of probabilities to make a judgement.

It is in your interest to attend Rosie.

nem

Hi Nem I don't have any problem attending, it was my ex I was wondering about. It is a relief to know that the hearing can proceed without him if he doesn't turn up. I will just be glad to get it all done and dusted and kick his backside! If he does turn up I will be ready for him I intend to make myself heard. Rosie

[nemesis45]

Re: Stressing me out!

Hi Nem I don't have any problem attending, it was my ex I was wondering about. It is a relief to know that the hearing can proceed without him if he doesn't turn up. I will just be glad to get it all done and dusted and kick his backside! If he does turn up I will be ready for him I intend to make myself heard. Rosie

Good for you Rosie,
Continuing non appearance will be noticed by the judge who may or may not comment upon it but it's all in your favour!

nem~~

[Rosie500]

Re: Stressing me out!

Good for you Rosie,
Continuing non appearance will be noticed by the judge who may or may not comment upon it but it's all in your favour!

nem~~

Hi Nem it might be better if he doesn't turn up it will then be a nice civilised hearing better than listening to him whining! Still as I say I am ready for him should he show up. There is three months to the hearing. I will let you know the outcome after the hearing. Rosie

[Rosie500]

Re: Stressing me out!

Hi Nem it might be better if he doesn't turn up it will then be a nice civilised hearing better than listening to him whining! Still as I say I am ready for him should he show up. There is three months to the hearing. I will let you know the outcome after the hearing. Rosie

Hi I have been to court on Friday, my ex never turned up I wasn't surprised. The judge has raised a wide ranging order requiring him to produce copies of p60s tax returns pension slips etc. The next hearing is on the 23rd November. The judge assured me that even if my ex doesn't turn up (which I doubt he will ) the matter will still be dealt with so at least I know it will be sorted at long and weary last! This has been dragging on for years (nine to be precise) ! I will be glad when it is sorted. Rosie