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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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Summons

  • hadenough2000
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03 May 12 #328226 by hadenough2000
Topic started by hadenough2000
I divorced some years ago and a matrimonial order was agreed through the courts to pay child support and a periodical order from matrimonial payments for a period of 4 years. She took the house and all assets I took the clothes i stood up in.

I then suffered from illness and my income was reduced massively. I am self employed. As such I continued to make payments however they are not of the amount set out in the order. Arrears have been building up and a year ago my ex wife took me to court on a fact finding mission where I produced everything on paper I could find. The court said that you could not get blood out of a stone and that if there was no money I couldn''t pay it. She was fairly damming on my ex in fact.

The judge suggested we both take advice. On the basis I self represent and didn''t want to spend money on court fees I have maintained payments at a level I can afford. and done nothing else.

I have today received a summons requiring me to attend court and/or to pay a 5 figure sum. I am concerned that it makes reference to possible arrest if I fail to attend that a custodial sentence is possible and they can instruct bailiffs to attend my house.

I am broke, I rent and have debts near to £50,000 which are being paid at £15 pcm through debt management.

Do I need to worry and is this simply a way of the court finding out if I can pay. If they realise I can not what sanction to they have? Should I be making application to court for an amended court order regarding my ongoing maintenance.

Please note I know bankruptcy is an option and I am not afraid of it, given the level of debt that I have.

  • Fiona
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03 May 12 #328229 by Fiona
Reply from Fiona
The problem is unless an order for maintenance is varied, discharged or terminates you are liable to pay the full amount stipulated in the order and your ex can apply to enforce any arrears. Whether she is successful is another matter, you can''t get blood from a stone .

When was the original order made and was it for child or spouse maintenance or both?

  • hadenough2000
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03 May 12 #328259 by hadenough2000
Reply from hadenough2000
The original order is from 2008. I guess i need to apply to court for a variation then. I thought these proceedings were supposed to be for that so I was very surprised when I saw the summons presented in the way that it was.

If I get a variation will they/can it be back dated?

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