Financial order for my dad

[sc111]

My dad has a financial order (I think lump sum) to pay his ex wife. About £30,000.

he has asked me to write a letter to the court to say in the event that my dad cannot pay, that I will pay for it. He said he doesn’t actually need the money from me, just the letter. I also would need to provide evidence that I have that money. I don’t have such money and told him this. He said that all I have to do is write that I will take out a loan and pay it then.

this sounds very weird to me.

I am concerned if I did write such a letter would it become legally binding? I don’t want to make payments in the event my dad cannot. I know he is claiming he doesn’t need the money from me but what if he defaults

he told me it’s not legally binding nor would I be a guarantor.

help please

[echat11]

des8 Celestine Can you please take a look and advise, many thanks.

[des8]

iMO it would be foolish of you to write to the court giving an undertaking to do something you cannot fulfil.
You could possibly be in contempt of court (which could have serious implications for you)
If your father can comply with the order, he should do so.
If he cannot, he should apply to the court with the reasons why and with a request for a variation of the order.

[sc111]

I don’t have time to consult with any lawyer as he said it’s urgent and I only have 24 hours as it’s his hearing today.

It doesn’t make sense to me at all. He said if I didn’t have the money just say to the judge in writing that I’ll take a loan out to pay it incase my dad cannot.

Is that even allowed? Get a loan out to pay someone?
also I thought financial orders were between two ex-spouses and if one cannot pay straight away then the judge would come to an understanding

[echat11]

iMO it would be foolish of you to write to the court giving an undertaking to do something you cannot fulfil.
You could possibly be in contempt of court (which could have serious implications for you)
If your father can comply with the order, he should do so.
If he cannot, he should apply to the court with the reasons why and with a request for a variation of the order.

Des's advice in bold is the best option, if you do anything else, you just bring stress upon yourself and will worry about it.

You need to put aside that he is your father. Just advise your father, that's what he needs to do, you don't need to get involved.

[jacobevans]

Des's advice in bold is the best option, if you do anything else, you just bring stress upon yourself and will worry about it.

You need to put aside that he is your father. Just advise your father, that's what he needs to do, you don't need to get involved.

I agree with this, advice him on what he can do but don't get yourself involved with the letter and other things he's asking you to do

[efpom]

It would seem that the request from your father was made to you within the last 24/48 hours.

If that is right, you may not have any real insight into the purpose of this upcoming hearing. If so, it would be unwise in the extreme, for you to have any contact with the court, and particularly here, to give any sort of undertaking to the court that you will personally pay the amount of the Order.

It falls to your father to raise that amount, and if he is unable to do so to explain to the court why that is so.

It seems to me that the purpose of this hearing may well turn out to be an application to the court that your father be committed to prison. If that is right your father is in sore need of professional representation at that hearing.