Debt after Maintenance payments

What is the courts view on debt and maintenance payment.

I have applied for an enforcement of non payment of maintenance and know that the ex will list all his debts such as credit cards and loans, which have been incurred from living a lavish lifestyle. This will obviously show that he cannot pay the SM and child maintenance.

what takes priority. Maintenance or debt?

I feel he's purposely racked up all this debt by living beyond his means and therefore will argue that he can no longer afford the maintenance.

They will look at other factors first like Income and savings and needs, they will see overall who is in the better financial position. I was ordered to pay maintainance of £600 even though I have £50k debt and am earning very little due to depression. The court based this on the fact I had £60k in shares which I have earmarked towards a settlement and legal expences fat chance. The fact I am on medication and have anxiety and depression had little to do with it.

My stbx has no kids to look after and says she has no income even though her bank accounts show transactions of thousands sending thousands to her family in thailand selling of matrimonial assets and my personal items. Her bank account shows around £70k of unexplained transactions did the court care no. My stbx is can easily work and earn around 1k a week as is most likely doing so but shows £300 in the bank.

Your husbands bank accounts will have to be examined and all his needs etc it aint so easy to bluff.

I suppose only asset he has got is a bigger house than me and a lot more equity and but savings.

Anyone can go on a spending spree and accumulate debt and say they can't pay the maintenance now. Would be silly of them go try and vary an order on the basis of their debt.