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Ex reducing child maintenance

  • edinburgh2212
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01 Oct 12 #358719 by edinburgh2212
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My ex and I divorced and as part of the Consent Order he agreed to pay £400 per month for both children until they reach 18. Also as part of the order he was given the endowment policy which used to be held in our joint names. The policy had a value of £15k at form E and matured in August this year with a valus of around £17k. I stopped paying the premiums on the advice of my solicitor as it then became his responsibility. However this month he has stopped my maintenance with the difference in premiums stating that I should have continued. The amount is around £400 and my solicitor states that it will cost me more if I instruct her again. How can I take this back to the judge to get him to pay what he should? He also owned a company that he has not filed accounts and has falsified the corporation tax return on, defrauding the revenue. Any advice please? If I go to CSA the amount I will get will be lower than the court order

  • TBagpuss
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02 Oct 12 #358872 by TBagpuss
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If the policy was transferred to him, then there is no reason why you would have anythin further to do wth it, either in terms of the premiums or anything else.

When was the order made? If it was less than 12 months ago you can apply to the court to enforce it and recover the arrears.

If it was longer than that, you could apply to enforce it but your ex could (and probably would) apply to the CSA and that would extinguish the court order. The court would still have the discretion to order him to pay you the accumulated arrears. However, if the amount you''ve been under paid by is £400 then I suspect that going to court would cost more than you''d get back.

The issue with his company is relevant only if the diffierence between what he said, and the true position was such that it would have altered the over all finacial settmenent you and he reached, in which case it would potentially be open to you to apply to appeal the order. His dishonesty to the revenue is nothing to do with you or with the maintenance. Of course you can giv the revenue and (anoymous) tip off if you wish, but the issue isn''t really germane to the maintenance point.

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02 Oct 12 #358873 by rubytuesday
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  • edinburgh2212
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02 Oct 12 #358918 by edinburgh2212
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Thank you so much for the advice. I have now received an email from him stating that he has been off sick and will only give me £5 per week. He has over £130,000 from the sale of the former matrimonial home. Can he reduce the order within the first 12 months? The order was made on 6th March 2012

  • NoWhereToTurnl
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02 Oct 12 #358923 by NoWhereToTurnl
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Hi,

He cannot unilaterally reduce payments that are subject to a CO. Any reduction has to be by variation of the order and he would need to provide financial disclosure.

I would inform him that you are seeking enforcement of the order through the court. If you decide to this without a solicitor, post again for further help.

Best wishes,
NWTT.

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02 Oct 12 #358924 by edinburgh2212
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Your advice has been great - many thanks. Yes I will be going ahead without a solicitor as the costs are too high. I will be sendng form D50k to court and will post back once I''ve heard further Thanks again

  • Child Maintenance Options
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02 Oct 12 #358935 by Child Maintenance Options
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Hi

Thanks for your post.

If you have a Consent Order in place and your payments have stopped then you''ll need to seek legal advice, as you need to go back to the court to get the payments enforced. You need to do this promptly as Courts will not enforce maintenance arrears more than 12 months old. They may enforce payments through ordering a payment direct from his wage or through placing a charging order on property or forcing a sale of the non-paying parent’s possessions.

If you need some more information about where you stand legally regarding the Endowment Policy, it might be worth contacting Community Legal Advice. Their helpline number is 0845 345 4345.

For more information about maintenance and access to useful tools and forms online you can visit www.cmoptions.org, or if you''d prefer a confidential chat you could call the child maintenance Options team on 0800 988 0988 (free from a landline).

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