Introduction to the enforcement of child financial provision
The methods of enforcing child maintenance vary depending upon your particular circumstances. If, as part of your divorce or civil partnership dissolution, financial provision for the benefit of the children was included in the final order, then you can enforce this against your former partner through the court. If the order is over 12 months old, however, then either party can apply to the Child Support Agency (‘CSA’) or the Child Maintenance Service (‘CMS’) for an assessment, the effect of which is that the child maintenance under the order is replaced by the CSA assessed figure. In those circumstances you will have to ask the CSA or the CMS to enforce the assessment on your behalf. For more details please see our guide to enforcement of child financial provision.
How Vardags can help with the enforcement of child financial order
We have many years of experience in dealing with the enforcement of orders within England and Wales and beyond. We are frequently instructed to deal with the more complicated elements of enforcement of orders around the world and have developed an exceptional list of international contacts and agents to maximise the effectiveness of each and every enforcement exercise. We also, uniquely, benefit from an in-house financial and commercial team, headed by Dr Stephen Bence, that is able to provide our clients with advice on finding hidden assets, unpicking complicated financial structures; and understanding specialist remuneration schemes, so that we are able to locate assets and find means of enforcement. We have gone as far as obtaining a (rare) six month suspended prison sentence against a husband in breach of court orders and having a non-compliant husband’s passport seized so that he could not leave the jurisdiction.
Equally, if your ex-spouse or their solicitor has accused you of failing to comply with the terms of a financial order then we strongly recommend that you seek legal advice immediately. We will give you expert advice on whether you are in breach of the order and if so what the consequences of this may be. If you have defaulted on a payment, interest may be payable and if enforcement proceedings are commenced you risk facing an order to pay the other side’s legal costs. Action will need to be taken to protect your position, including your liberty. Urgent advice should therefore be taken in each case.
The first step is to arrange a meeting with one of our solicitors. Therefore, please call us on 020 7404 9390 or email us to make an appointment to come and see us.