Hi, I wonder if any one has any experience of a Consent Order being broken? My ex and I agreeed an amount of maintenance to be paid for our son each month. We had it included in the Consent Order that was made last July at same time as our Decree Absolute. Since then my ex has been trying to lower the amount he pays claiming he cannot afford the amount. I have seen no evidence to support a change in income and asked him to apply through court for vairation if he was sure this was the case. He has now ''threatened'' to use the CSA in July as we are both aware that they can take over the maintenance part of the order. but he has now under paid four times and refuses to pay the full amount ordered. I am told I have to enforce the order, at my expense. It will cost as much as he owes to pay solicitors and court fees to do this, and I am concerned I will be worse off if I do. I seems that the order really works in his favour as I cannot find any information on the penalties or consequeces of him breaking the order when it comes to maintenance. Surely there should be a penalty as he is breaking a court order? It appears he will get his chance to prove he cannot pay, while I pay costs so I will have lost the money he owes and court fees and be in no better situation. is this the case, and if so, can any one suggest the best course of action. The CSA amount would be less than he is paying now. Thank you
First of all the money mist be payed as the order states until an event occuers meaning the order can end, marriage for example, or the court vary the order, you can''t just lay less off your own bat.
A solicitor is not required to enforce the terms of the order you can do it yourself, but if you do use a solicitor and the judge does not accept the payer can no longer afford to pay then you can ask your legal costs be payed, the judge will often agree.
The first job is to write warning you will enforce the terms, if no joy you fill in form D11 and go back to court.
Enforcement is not complicated, you have a court order and you ask it be enforced, often by attaching earnings, the person who is supposed to pay would need to prove they cannot afford to pay, lost their job leg fell off hours cut ect, otherwise the judge will make them pay one way or the other.
Two years ago our Consent Order stated a certain amount was to be paid in child maintenance by my ex. Within a month of the order being made in court, he left his job and went self employed at the same time as buying a very expensive house with his new partner. I found out a year later when he slashed the maintenance in half! At this point, I was advised by my solicitor to go to the CSA immediately. From the financial documents my ex produced to the CSA they calculated that he could now only afford a third of the amount originally set out in the consent order.I am now really struggling to maintain the lifestyle my children are used to and there seems to be nothing i can do as my ex''s earnings appear to be legitimate.