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TOPIC: Won £1000 costs but mother is refusing to pay....

Won £1000 costs but mother is refusing to pay.... 3 years 4 months ago #77536

Hi there,

Last time I messaged my partner had won £1000 costs and his ex given 50 hours community service for breaching court orders. The payment to my partner from his ex is due on Friday and she is refusing to pay on the grounds that she 'can't afford it'. She has offered to pay him £10 a month which will take over 8 years to pay back, my partner declined this as he doesn't trust her and doesn't want to be tied to this for that long. We know that her dad had funded her entire court 'battle' and is very able to give her the money to give to my partner. Because my partner refused to enter in to this payment plan she has now threatened to take pre-arranged extra access away (classic using her son as a weapon again- the reason she was given the fine in the first place!!).

Anyway, my questions are, if she is in contempt of court by not paying this money on Friday, what is the next step for my partner? He is completely broke after court and cannot afford to pay more solicitors fees etc. His understanding is that he would inform the court on Monday but he doesn't know what his role is from there on out? Do the courts take over? Or will he then have to fork out more money to chase the £1000?

Hoping someone can help. It may sound petty to some to be chasing £1000 but this whole thing has cost £22,000 just to ensure access is enshrined with his son not even being 3 yet.

Thanks again for your help.

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Won £1000 costs but mother is refusing to pay.... 3 years 4 months ago #77558

  • Yoda
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Hi

To be honest, costs are so rarely awarded, I've little experience in this area. I do know that usually if the parent liable for costs cannot afford to pay in one lump sum then the court would make a decision on how it should be paid, ie in one lump sum or a payment plan etc.

I would write to the judge who made the order once the due date has passed and explain that you haven't received payment, the mother has offered to pay an unrealistic amount and threatened to reduce the court ordered contact if you do not accept the offer and ask for directions on the matter. They may require you to fill out a form or order a new hearing, that's where my knowledge runs short I'm afraid. It would be entirely possible to self rep on this though as the decision would basically be in the hands of the court.
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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Won £1000 costs but mother is refusing to pay.... 3 years 4 months ago #77576

Thank you so much for the advice. My partner is going to call court in the morning if payment hasn't been received and seek their advice also. He has offered to sit down with her and go through finances in order to reach a conclusion on a realistic payment plan, unfortunately she has resisted this and her words were 'see you in court', she will never learn and will always think she is above and beyond the court system despite now having to do 50 hours community service. Fingers crossed that some time in the future we can go for joint custody at the very least as my partners son deserves better :( Thanks again!

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Won £1000 costs but mother is refusing to pay.... 3 years 4 months ago #77590

  • Yoji
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Hi,

If your own finances are strained it could leave you in a difficult situation.

1) write to the Court and explain the circumstance and that she has offered a £10 per month which is woefully unacceptable. Then that you are £22,000 down due to Court costs. You can ask whether: The court will bring this matter back to ask Mum to account for her behaviour or whether you will need to enforce it.

2) write a letter to ex saying that the £10 I unacceptable and give a period of two weeks to make a new payment plan of (I would argue £40 per month as reasonable) your recommendation.

If that fails, it will be another trip to Court to enforce.

I'm sorry to say that I've never known a successful costs order being carried through eg money awarded being paid. I'm still owed £50 by an ex from two years ago. It doesn't matter if your ex was ordered to pay £1,000 or £10, women like this know they are 99/100 above the law.

Write to court. Good luck

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