We have a consent order since divorce 2013 which states that ex is to pay £400 p/m
. ex has ben made redundant and has since stopped paying, soon to be 2 missed payments. I am considering a D11 application for breach of order and want a bit of feedback on how to do this together with the likely outcome. just to say that although he has no employment at present he has had other monies. I have sent him a letter asking him to pay the arrears. Any thoughts/ advice would be greatly received...
As the consent order is more than 12 months old, you can make an application to the CMS for them to assess your ex's income, and then collect the payments from him or her.
Have you asked your ex why they have missed the payment (currently it is only one missed payment)? Have they recently lost their job? How old are the children now?
Before making any application to the CMS, it's worthwhile speaking with your ex about the payments, and see if you can work out a solution together. There may well be a good reason why this has happened.
hi, thank you for your reply. He has stopped paying as he has been made redundant and says that he has no income. I am aware of at least £30k that he has received in addition to his salary so far this year, which is why I do not except his inability to pay. I am aware that I could seek a CMS calculation, which may well be the next step. A solicitor has suggested a D11 application as he is in breach of order. I am looking for peoples experiences of this approach really to see if it is a viable option. Unfortunately he is not open to discussion and is apparently seeking advice.