There is a final Consent Order in place for financial remedy following divorce between myself and my ex. This was sealed by the court on the 9th April this year.
It provides for my ex to meet the mortgage payments on our jointly owned home, where I live with our two children pending sale of the property which is on the market.
It also states that the house is to be sold, and proceeds split 66% in my favour, 33% in his.
Following the hearing I was advised to apply for child maintenance as he had not contributed for over two years. I did this and he applied fir a variation because he was paying the mortgage. This reduced my payments by £130 per month.
Last week I received a court hearing date with an application made by my ex and a statement attached.
He has applied to the court to try and get 50% of the mortgage payments from April until the house sells as a lump sum taken from my sale proceeds.
I know there has to be very rare circumstances in which the court will set aside an order and I'm sure this will not constitute such.
However, is that what he is asking? If he isn't, what is he asking?
As far as I am aware, you can only set aside or appeal an order?