Access to ex's pension

#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
Ok.

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
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.
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.
 
#5
If the CSA are handling the collection they should be able to deal with the arrears, if he is paying you direct you can apply for a CCJ for the arrears and if he still fails to pay you can get a 'Charging Order' against his pension.

http://wiki.familylorefocus.com/Enforcement+of+Ancillary+Relief+Orders
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.
 
#6
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.
 
#7
There is also a 'Third Party Debt Order' formerly known as a Garnishee Order.

Third-party debt orders and charging orders

A third-party debt order is where the court orders a freeze on money held by a person, institution or organisation, which might otherwise be paid to a defendant against whom you have a judgment. Thus the holder is the third party and the orders will prevent withdrawal of the money until the court decides whether all or part of it should be paid to you.
Enforcing the judgment on your debt claim | Business Link
 
#8
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.
 
#9
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!
 
#10
Did you sign a settlement agreement through your solicitor about claims to the pension/ future claims or full and final settlement GM?
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.

Ok.

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.
I assume you mean any new order? We divorced in 2003.
 
#11
If the CSA are handling the collection they should be able to deal with the arrears, if he is paying you direct you can apply for a CCJ for the arrears and if he still fails to pay you can get a 'Charging Order' against his pension.

http://wiki.familylorefocus.com/Enforcement+of+Ancillary+Relief+Orders
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.
 
#12
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.
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.
 
#16
But would she have recourse for the breach of the original contract?

That would be my line into it, as you say rightly AB, but I think it's about getting whats due to her as opposed to fixation on the pension.

Is that right GM?
Yes, although I would amend it to "what's due to the children". I can assure you, if I did manage to get any arrears they would be spent on a maths tutor, driving lessons/car/car insurance for my eldest daughter and university fees for my youngest.

I've had plenty of people volunteer to do him over, some of them more than capable of actually doing it too. Unfortunately that won't get any money out of him. Really all I want is what he's been assessed as owing by the CSA (even though I know that is undervalued as they have only ever been able to use his tax returns to assess him and I know how he fiddles his taxes). I now believe gaining access to his pension is the only way I'm ever going to see any of that.
 
#17

Joker62

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#18
I would've thought that by the time you were able to get your hands on his pension, your two daughters would have left home.
 
#19
I would've thought that by the time you were able to get your hands on his pension, your two daughters would have left home.
I'd still pass it on to them. If it means another 10 years til he's 55, with what the youngest wants to do, she'll still be in education and will probably have some pretty hefty student debt.
 

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