I got divorced over 4 years ago and since late 2010 my ex has been underpaying my maintenance by over a half every month. I applied to the courts to get the money off him and they agreed that he had to pay the reduced amount until we can go back to court to re-calculate the maintenance.
The arrears built up are quite substantial , over £20 K, but he simply says he hasnt got the money. He had 3 companies when we divorced and only one of them now is making any money , or so he has told me.He has a property which has equity , which he supposedly has a buyer for.
My problem is , that for the last few months he has been trying to meet with me to discuss the situation. He has always been devious and manipulative which is one of the reasons for divorce. He is pushing for me to agree to the reduced sum of money between ourselves and to disregard the Consent Order and forget the arrears.He says you cant get blood out of a stone.
He says it will cost vast sums of money to take it back to court to vary the order and that this is the cheapest way to do things.I don''t know if it is worth the added expense of court if he has manipulated his bank statements etc and is it easier for me to just agree the reduced amount and forget about the Consent Order for child/spousal maintenance and arrears
I have a similar problem! I do not know which court form you need to complete but there will be an appropriate one and you can phone the court and ask. I don''t think you should be put off my the expense as I don''t think it will cost more than the court fees which are neglible given the amount due to you and you can self represent. I would move quickly though as I believe anything outstanding for more that 12 months cannot be reclaimed if you haven''t taken steps to do so. So he might actually be stringing you along and buying time which will cost you dearly. For that amount of money I would get into court pronto. The judge could enforce the sale of the property to provide you with the arrears. Best of luck