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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.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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enforcement of spousal maintenance.

  • maryjane59
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10 May 12 #329861 by maryjane59
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Hi

My ex should have started spousal maintenance payments 4 months ago. He has made it clear he has no intention of complying with the order.
I was just in the process of getting an attachment of earnings order when I find out he lost his job a month ago. This is all part of his plan (yes crazy isn''t it) he just could not bear to pay me anything. He has a redundancy pay out and has gone from 100k pr yr to working for himself. He has told the CSA he''s not earning anything so my £600+ pm child maintenance payments have stopped.
I''m considering my options. Do I try and get an enforcement of SM payments through the magistrates court - he already owes me £2,500 or do I go back to the County court and try and get a capitalisation with his redundancy money. Can I ask an order to obtain information from a judgement debtor - leaflet EX324 or could I apply to the county court on form D50K for the court to decide the method of enforcement.
Surely the courts see through these attempts to not pay child maintenance or SM. If my ex got a job earning half of what he gets now he would still be earning more than double of what I get

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10 May 12 #329863 by Action
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Hi Maryjane

I don''t know all the ins and outs of the different processes but just wanted to say how angry I feel that our husbands can do this. My Mediator called it ''disappearing income syndrome'' and, if it''s any consolation, said that the judges have seen it all before. I don''t think it will be viewed very favourably that he hasn''t asked to have the payments reviewed (can''t remember the legal term) and has merely decided not to pay - isn''t that classed as contempt of court?

I sincerely hope he doesn''t get away with it.

  • maryjane59
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10 May 12 #329866 by maryjane59
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Thank you

I don''t intend to let him get away with it. It''s disgraceful!

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10 May 12 #329870 by Action
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''Downward variation'' was the term I was having difficulty remembering - might be worth searching the site to see if you can get any information from previous posts.

Glad to here you''ve got some fight left!

  • NoWhereToTurnl
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11 May 12 #329916 by NoWhereToTurnl
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Hi,

My ex H has stopped paying my SM (sent me a letter saying he has no intention of paying anymore)!

They are in contempt of court and you need to act now as it might take time to get a court date. You can self rep or get a solicitor, dont wait for him to apply for a variation of order.

There is usually a 12 month time limit for claiming back none payments.

If you want to self rep, pop into your divorce court of phone to get the relevant form and send into court. He will then be sent a statement of finances form and be required to attend a hearing. Judges take a poor view of husbands taking it upon them selves to stop or in your case not start payment. If he is found to be at fault of failing to make payment :)you can ask he pays your costs!!!

Could well be worth you having legal representation to sort out capitalisation/attachments etc.

Best wishes and good luck x

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11 May 12 #329934 by pixy
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Can you find out if it is a voluntary or compulsory redundancy? Also how long was his employment with the same company? There are statutory periods of notice for potential redundancies and it would be useful for you to know how much notice he had to have. Depending on when your Consent Order was issued, there''s a chance he knew and did not disclose. I don''t think the courts would be too impressed by voluntary redundancy.

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