motion

[freespirit]

Hi guys,

ok I just want some info. Ex owed around $40,000 in CS for 2012-2014. so when we sold our house my laywer was able to get a charging order on his share for $40,000. This year its around $9000. now that his passport and License has been suspended he wants to start the cs payments, but wants to use money from his share to pay the lump sum amount. The problem is now after paying off our joint line of credit he doesnt have anything left in his share. me and my lawyer tried to explain this to him, but he is not understanding it and wants to bring a motion to get his share released to him. ex is also in default of $3600 for the motion that I won and have not followed judges order regarding financial disclosure. my lawyer had notified his lawyer of what ex is doing and what postion we would take if he bring the motion ))My postion for the motion would be his motion should be thrown out, since he has not followed the previous orders and should pay the cost as well.))however they are still going through it.

My question is how much chances he has of getting his motion heard and winning.

Thanks in advance.

(sorry about any grammar or spelling mistake)

( for line of credit i payed $5000 extra from my share since i didnt want to ruin my credit history and he was $5000 short from his side)

Numbers are fictional

[arabian]

I believe if you are registered with a maintenance enforcement agency for your child support the maintenance enforcement agency would take priority and recover arrears through a personal property registry lien. So in short, any money owing to FRO would be paid out first of all I believe - best to find out from FRO.

[freespirit]

Thanks Arabian. I guess I was not clear in my question sorry. Let me try again would his motion be heard since he did not complied with previous orders.
thanks

[arabian]

Well the motion may be heard but dismissed.

It is my experience that the judges do not like to interfere with the collection actions of the Director of Maintenance Enforcement. Often people that have licenses removed/passports seized are advised by the maintenance enforcement agencies that the only way they will stop enforcement is if the debtor proceeds through court (which is what it sounds as though that is what he is doing). This is merely an exercise of "buying time" IMO. Courts are chock full of people doing this. The collection process of maintenance enforcement agencies is complicated and certainly not transparent.

You might want to ensure that the maintenance enforcement agency (FRO?) is aware that your ex has filed this motion. Simply fax the documents to them or call them if you need reassurance. Inquire if they are going to send a representative to court (the normal process). Did your ex name the maintenance enforcement agency as a party to the action? He would need the judge's Order to succeed.

Not likely IMO. However if you get a shit judge one never knows. There is that thing called "judges discretion."

Actually in the "pecking order" of things, child maintenance takes the top rung. Certainly this would be the case over the money going to a mortgage company I would think.