i have a court order for spousal maintenance, ex has not made any payments and I have been in correspondence with his solicitor for over a year. Ex has a number of companies and I have no doubt he will be able to demonstrate nil income, however, over a year ago and on a number of occasions I have repeated request for confirmation of how he has funded his extravagant lifestyle (5 holidays +). his solicitor has advised he has been living on capital and I pointed out that he had no capital as sworn on form E and discussed at the final hearing and asked for verification of his income / expenditure . I have advised him that having waited a year I am now going to take legal action to obtain information so I can decide whether or not it is worth trying to enforce court order in relation to spousal maintenance. I don''t have the money for a solicitor, he does and I don''t want to be liable for his costs........so the questions are:
1. will ex be obliged to account for his lifestyle??
2. If he ultimately produces some statement showing borrowing to account for his living costs would I have to pay his costs despite the fact he would not do this voluntarily.
3. I have looked at the guidance on applying for an information order but i''m not sure it is appropriate to use in this case... i am not clear if there is a debt without clarification of his expenditure.
4. does anyone know of a solicitor in south yorkshire area who will work on a fixed fee or on win no fee basis??
Yes, Maisymoo is spot on. You can only apply to enforce arrears less than a year old. Longer than that permission from the court is required, although usually it''s forthcoming. Disclosure is entirely voluntary unless it is required by the courts. Sometimes the payer of maintenance responds to an application for enforcement by applying for a variation. The variation is then heard first and it may take many months before enforcement.
The courts tend to take the view that if circumstances change and someone can no longer afford court ordered payments they should apply to court for a variation rather than unilaterally taking it upon themselves not to pay.
So i''ve been to the both the county and the family court and I am still a little confused as to how I should apply to enforce the order in respect of unpaid spousal maintenance payments, in the enforcement pack there was an application for order that debtor attend for questioning (N316) . If my ex has told me he can''t pay because he has no income, regardless of whether or not I believe him i should apply for the info order first? ... if I wanted to simply enforce the order no questions asked how would I go about applying to do that ...which court,,which form?
my concern would be is that he will apply for a variation on receipt and then I would have to cover his costs if it were shown to be true that he has no income ( he says he is living off capital). He is currently 10 months in arrears and has stated he cannot pay me as he has no income, he has accounts from his latest company showing a loss. but he has wound up 2 other companies in the last year. he works constantly so i have no doubt he has an income but he is very slippery and think he will be able to conceal this
I think we may have been married to the same man!
I too am in a very similar position with ex failing to adhere to both court ordered child and spousal maintenance payments. Throughout proceedings he has pleaded poverty but yet manages to finance an incredibly extravagent lifestyle.
I went to court last week for a Directions hearing and am in court again next week for a final hearing on enforcement. Am on my own as haven''t got a penny to pay legal costs. I put in an application that stated that the Judge will use his/her power to decide on the means of enforcement.
My case is further complicated by the fact that ex has moved abroad and is out of the jurisdiction. I do not know if he works for a UK company or not. He has become self-employed and contracts himself out. He too has created a couple of companies but states they have a turnover of £1000. I am prety sure he will be earning in the region of £6k per month net of tax.
God knows if he will turn up for the hearing next week. The situation is so frustrating.
I would urge you to put in an application for enforcement as soon as possible. Keep fighting for what is rightfully yours.
Thanks for your post. i have filed 2 actions 1 for Directions on non payment of a lump sum and also a judgements summons with regard to spousal maintenance...i''m a bit scared as i not sure if i have filed the right forms etc...probably a bit misguided but i wanted to keep both claims under the 5k so could go to small claims to mitigate costs. His solicitor has no integrity he''d write and swear santa claus was real if he was asked and even assisted in his attempted blackmail in a without prejudice letter and then thought better of it'' s I would be really interested to know the procedure at the directions summons, i.e what you had to do , questions asked , was consideration given to his lifestyle,etc and also how you get on at your final hearing.GOOD LUCK! also it''s not all so bleak , money aside you get to watch your child/ren grow up (priceless) and don''t have to live in the same country as this dishonourable man, if money is his god he''ll never be happy. although it''s really sad for the children having to deal with abandonment and poverty, i really can''t understand how parents can do this to their own children, hopefully with this out of the way you will be able to focus on compensating for their loss.
The Judge last week at the Directions was very efficient. He asked whether i knew where he worked and for whom. I said no so he took the view that the only option available to him was to put a charging order on the house he owns in the UK. Ex just sent me a very angry email - he is fuming at the thought of being forced to sell his property. But he''s the creator of this mess - all I want is a fair amount for child maintenance each month. He''s such a dishonest person that I think i''m never going to get a penny out of him. It amazes me too how he can do this to his own children and point the finger of blame at me. Incredible. Good luck yourself. Do you know if nothing actually happens at the final hearing whether I should push for this to be moved into the count court/magistrates court?