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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Ex stopped paying maintenance

  • needingfriends
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27 Aug 12 #352200 by needingfriends
Topic started by needingfriends
We have a financial Consent Order drawn up which details what he should pay monthly for our two children. Two months ago, he told me that due to losing his job, he could not afford to make any further payments for "the foreseeable future".

The Consent Order was agreed at a court not local to me, I have taken advice and have the paperwork to have it registered at a magistrate''s court local to me, and arrears can be chased. I know that he cannot afford to make the payments he was, but his continued refusal to speak to me in person and only communicate via email (so his new partner can get her beady eyes on it and control his reponse) means that I believe this is my only option. As I understand it, the court will ask him for a statement of means then order him to make a payment affordable to him.

Has anybody else been through a similar experience? I''m really struggling financially at the moment, I''m fuming because he''s managed to start smoking again so can afford the fags but not a penny for his kids. Also regular parties at his house when the kids are with him, new clothes, and the latest development of promising one of our children a Kindle for her birthday!

Any advice appreciated.

  • fairylandtime
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27 Aug 12 #352208 by fairylandtime
Reply from fairylandtime
Hi needingfriends

Is the Consent Order less than 1 year old? If it is then you can take your x to court, however it does cost £90 to do so. I did, due to irregular inconsistent payments, but don''t forget to add the costs to his arrears.

Have you also checked that you are receiving all the correct benefits?

I know is a struggle, so you need to make sure that you get all your full benifits, free school meals etc if you are eligible. CAB may be able to help.

Although your x may be unable to pay the amount he use to even with benifits I think they have to pay something, and again if you can afford to smoke, drink, etc etc then surely your children should come first (sure some will shoot me) but they do in my case.

oth than that if the Consent Order is over a year old then you may need to go to the CSA for payments.

Look after yourself, and make sure that you are gettin all benifits.

JJx

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27 Aug 12 #352212 by Fiona
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The courts usually have no authority to make an order for child maintenance or a variation if the order is more than a year old. Since March 2003 when a child maintenance agreement is included in a Consent Order either party may apply to the CSA after 12 months of the date of the order and the consent order will cease to have any effect a couple of months later. So as long as the order is more than a year old you or your ex could apply to the CSA and the amount of maintenance would be assessed on his current income. If he receives benefits that might be £5 a week.

However, as long as the order is still in effect any arrears can be enforced like any other debt. When determining what your ex is to pay the courts should ensure that he can afford to pay without suffering undue hardship. It maybe his new partner is subsidising him and paying for the cigarettes, parties etc and of course a new partner''s income isn''t taken into account.

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