Access to ex's pension

Discussion in 'Finance, Property, Law' started by Grey_Mafia65, Aug 11, 2012.

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  1. At the risk of being classed a money-grabbing wench, I'd like some advice or pointing in the right direction for advice on if and how I can make a claim on the ex's Army pension.

    When we initially divorced, I declined any claim on the pension, preferring to just walk away quickly. I didn't realise at that time that he was not planning on helping to support our children. As things stand at the moment he owes in excess of £15k in CSA payments, is currently claiming he is unemployed (he's an electrician, so is probably doing cash in hand jobs) and it's only because he is on benefits that I am getting anything (£5 a week for a couple of teenage girls doesn't go far). I have been told he is working but not the details so I don't know if I can shop him just on someone else's say so? Besides, if I did, I'd end up with nothing, he'd lose his benefits and just go back to paying nothing. The CSA have been down the court route three times, the last time he quit the job he had so he didn't have to pay any arrears.

    What I want to know is: is there anyway I can rescind my previous claim to his pension as a means of reclaiming what he owes in child support? I appreciate that I may not be able to get this until he is of pensionable age. Also, if he were to die (wishful thinking, not taking out a contract on him!), would his children get any sort of payment from his pension?

    He has not seen his children since we split up, by his choice. Correction, he saw them walking along the road about 7 years ago and waved.
  2. BiscuitsAB

    BiscuitsAB LE Moderator


    As above ^ if you signed a settlement order then I believe that you would need to go back to court and ask for a new order based on the fact that at the time you believed that your ex would support your girls financially (hopefully this view will be supported by your settlement). As this appears not to be the case you could ask for a new order to be granted.

    Also as it will be a post 5th April 2009 order it is my understanding that you will be able to access the benefits from age 55.

    I'll go hunt for case precedent, if anyone else knows of one or can find one quicker I'd appreciate it.
  3. When my folks got divorced my Mum did the same s you. Quick split (3 years) and my Dad kept his pension.
    As a precaution my Mum got awarded 5p a year alimony. If things went pear shaped she could apply to get it raised and take a chunk out of my Dad pension.

    Speaking as a father, your husband sound s like a smuck not paying for his girls.
  4. BiscuitsAB

    BiscuitsAB LE Moderator

    All well and good except the CSA don't hand over 100% of what they take.

    Not sure you can take out a charging order against a final salary scheme can you show me where mate.
  5. A charging order, in English law, is an order obtained from a court or judge by a judgment creditor, by which the property of the judgment debtor in any stocks or funds or land stands charged with the payment of the amount for which judgment shall have been recovered, with interest and costs.
  6. There is also a 'Third Party Debt Order' formerly known as a Garnishee Order.

    Enforcing the judgment on your debt claim | Business Link
  7. The advantage of obtaining a CCJ is that you have six years in which to take enforcement. Although a CCJ never becomes Statute Barred, under sec.24 of the Limitations Act 1980 the creditor must take enforcement within the six years otherwise they would need to apply to a High Court for permission to do so & this is rarely given unfortunately.

    Section 24 of the Limitations Act 1980....

    (1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

    (2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.
  8. You have also served, not sure if this was when you were hitched but be careful on claiming a stake on his pension, he may be able to do the same on yours!
  9. Yes I think so, I'd need to dig out the paperwork. I remember having to sign something for the courts to say that we had settled all financial and child custody arrangements. I'm not sure if I actually signed something to say that I was relinquishing any claim on his pension to the court, or it was just a letter to his solicitor to that effect.

    I assume you mean any new order? We divorced in 2003.
  10. The CSA are next to useless. Everything they have done has been as a consequence of me constantly phoning them and on two occasions getting my local MP involved. They've taken him to court three times and had the bailiffs out to him twice. We are talking about someone who quit a £2k+ a month job so he wouldn't have to pay any arrears.
  11. BiscuitsAB

    BiscuitsAB LE Moderator

    And this is were your argument has a flaw. Membership of a final salary pension scheme does not give you ownership of anything. Therefore there is no property to assign against.
  12. BiscuitsAB

    BiscuitsAB LE Moderator

  13. BiscuitsAB

    BiscuitsAB LE Moderator

    The concept that any judge in the UK would even consider a Garnishee Order in favor of GM against the FSPS which is a defacto arm of the Government rather amuses me.
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