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Ex reducing maintenance

  • edinburgh2212
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01 Oct 12 #358721 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

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01 Oct 12 #358723 by rubytuesday
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When was the Consent Order sealed by the court?

The maintenance and the alleged tax issues are separate.

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01 Oct 12 #358725 by edinburgh2212
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The Consent Order was sealed on 6th March 2012.

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01 Oct 12 #358726 by rubytuesday
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Ok, thanks.

As the CO is less than 12 months old, then the Court can enforce the clause relating to CM. Your sols is right in that it will cost you far more than the £400 that you haven''t received, but there is no reason why you can''t seek the enforcement by yourself. Although it is only £400 currently, I imagine that his decision to reduce the agreed amount will continue. He can''t unilaterally decide to alter the terms of the order.

Regarding the payments of the endowment policy - does the CO state who is responsible for paying those?

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01 Oct 12 #358728 by edinburgh2212
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No it just states that the policy should be assigned to him, which it was. I could have stopped paying the premiums and just make it a ''paid up'' policy, but I continued from May 11 (form E declaration) to January 12 when it became clear that he would have the policy. What forms etc do I need to refer the case back to the court? Thanks so much for your help

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01 Oct 12 #358729 by rubytuesday
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I would suggest that in the first place, a strongly worded letter from your sols requesting compliance with the Order, failing that you would need to complete form D11 notice of application, which you can use to enforce the terms set out in a Consent Order. Court Fees for this would be around £40.

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01 Oct 12 #358730 by edinburgh2212
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Thanks very much - will do this

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