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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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Spousal maintenance ex gone self employed

  • maryjane59
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20 Jul 12 #344336 by maryjane59
Topic started by maryjane59
Hi
Can anyone offer advice please.
Ex was due to pay spousal maintenance £600pm for 4 years with no bar.
He should have started paying 6 months ago after the sale of the FMH. He has paid nothing.
3 months ago he left his 100k pa job and has gone self employed. I understand he had a good redundancy payout - is there any way I can find out what this was?
He owns a 300k+ property with a mortgage of about 70k. He is a self employed business consultant with a home office so no real costs or employee''s.
I was just about to get an ''Attachment of earnings order'' sorted when he left his employers.
So no idea what to do now and what my options are.
Can I take it back to court for the Judge to decide how maintenance should be paid - and is this enforcable? I''m worried though that he will say he''s earning nothing and so SM will be stopped
At the moment my ex is just ignoring the order in place and laughs in my face when I ask about spousal maintenance even though he is living a lavish lifestyle.

Should I register it at the magistrates court for them to collect the money - but would he have to pay it - or would he just then refer it back to the court for downward variation?

Do I ask for a capitalisation of maintenance as I believe there is some redundancy but not sure what or what is left of it.

Do I seek a charging order against him - but not quite sure how these work - if it is put against his property that he had to pay me an amount when it was sold - he would never sell it so can''t see how this would help me.

I would also like to note that he hasn''t paid CSA payments for 6 months either (he was paying £600pm) they are waiting for his 13wk accounts but he''s saying that his expenses are the same as his earnings so don''t think I will get any CSA. I know that he is doing quite a bit of work though for his previous employers. I assume on a day rate. They will then not review it for another 9 months till he has yr end accounts. So as you can imagine I''m finding it very difficult to manage.

Any advice/direction gratefully received.
PS I will have to represent myself in any court hearing as no cash

  • hadenoughnow
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20 Jul 12 #344354 by hadenoughnow
Reply from hadenoughnow
If it is a court order then he cannot just unilaterally decide not to pay even if he has changed to self employed. You need to go back the the court for enforcement and arrears.

We had a case on wiki recently where someone who had changed their employment status and not paid SM was threatened with prison.

The court can ask for updated disclosure - a new form E - which should clarify his financial position.

As far as CSA goes, you can ask them to investigate if you have evidence that his lifestyle is incompatible with his declared earnings. It may be worth posting a specific question about this in the child maintenance section so our colleagues at CM Options will see it and respond.

Hadenoughnow

  • maryjane59
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20 Jul 12 #344355 by maryjane59
Reply from maryjane59
Hi Thank you

Do I go back to the county court then and apply for enforcement of order and arrears.
What forms do I ask the court for?
How do they make him pay it?
Will the Judge see through his giving up a 100k a year job and now ''not earning anything'' self employed

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