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Maintenance arrears / application to cancel them

  • * Tilly *
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3 months 11 hours ago #512051 by * Tilly *
Does anyone know what happens if ex-H has refused to pay all maintenance payments since they were due. I applied to enforce the order for maintenance so he cross applied to set the maintenance aside.

Does that mean it will be set aside in the future? Or all the maintenance arrears could also be set aside? He already tried to appeal the order and lost and his application to set aside now reads like another appeal. I have no money to live on and have got in debt to pay basic living costs for the past year.

He has not adhered to a single court order through the whole process. Every deadline was missed. Court seems not to care or notice prob as we get a different judge every time.

It is nearly a year since a judge said he needs to pay me maintenance otherwise I cannot make ends meet. It is not for long and was aimed to bridge a gap heading for a clean break very quickly. ex-H just refused to pay whilst spending all his money and borrowing more money than I would ever see or spend in a lifetime so he can claim \"inability\" to pay.


At the end of my tether with the courts inability to enforce any of their orders and their inability to recognise coercive control being exercised throughout divorce proceedings and afterwards.

Needless to say I am a litigant in person and floundering in the constant delays, adjournments and cross applications.

Help!

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  • hadenoughnow
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2 months 4 weeks ago #512054 by hadenoughnow
Replied by hadenoughnow on topic Re:Maintenance arrears / application to cancel them
Maintenance is based on need and ability to pay. If you have had to go into debt to meet basic living costs, there clearly is a need.

If he has spent money on unnecessary luxuries rather than paying you, he has the ability to pay.

Have you both completed financial disclosures? Have questions been raised?

Does he have any assets? He cannot just stop paying; the liability can only be removed by the court. The court can order that arrears are paid. You can ask for a penal notice (i.e. he gets sent to prison) to be applied if he does not pay. NB This is an enforceable debt AFAIK, I think he may be ordered to sell assets to pay it.

You need to be able to present your case clearly and succinctly. A well written position statement should help bring the judge up to speed. If you need assistance, give the helpline a call to see if any of our services for LIPs could be useful.

Hadenoughnow

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