breach of court hearing child maintenance

please if anyone can help i am desperate what to do next and what action to take. i have been through a very nasty divorce it was finalised in may this year and a negotiation was made without it going to appeal. last July i was in court with my barrister and it was agreed that he would pay £1249 for children''s maintenance this was never questioned at all with the negotiations for final appeal. i agreed on a reduced amount for spousal thinking that the £1249 was fixed this was all agreed and would be in place once marital home had been sold. marital home was COMPLETED END OF MAY THIS YEAR. we are now at end of June expecting my child maintenance and spousal to go into my bank but i received an email from ex husband stating he had contacted csa and he said he would be putting that figure in my bank . correct me if i am wrong wasn''t that why i went to court to get this sorted out properly ? the figure totalled for child maintenance was 880 which is £360 short of what he should be giving me for the children !!!!!. had a letter today from my very expensive solicitor saying my barrister indicated to my solicitor that the district judge requested that hes agreement to pay child maintenance at the agreed rate of £1249 per month be recorded in the order as a recital paragraph, and not within the main body of the order itself, which therefore constitutes a written maintenance agreement.she also said that the financial order provides for the written agreement for child maintenance payments,, and therefore if ex wishes to seek a variation of the level of child maintenance it is his responsibility to apply to the court not the child support agency to vary the terms of agreement, as the maintenance agreement has not been in place for a year it is not open to either party to apply to the child support agency.!!!!!also i have found out that ex has destructed his solicitor where do i stand and what action can i take, it has been the pattern of ex doing as he pleases and this is exactly what he has done surely if there was an agreement he should pay!!!! but now hes not because he chooses not to, if he doesn''t reply to my solicitor where do i go from here!!!!! please please help X

The amount he has to pay is in the order. This is a court order, it is not yet a year old, he is wrong to withold any amount that the order states he should pay.

You can apply to enforce, he is in breach, you can also ask for the costs to be reimbursed to you. The court fee for enforcement is £90.

Hope this helps
Tink

thank you for your advice, i am under impression that spousal is a court order is child maintenance ?yes he did it of his own back and thinks he is right to do so, what do i do next x please help x

You need to apply for enforcement of the order.
Contact the court where the order was sealed, they should be able to advise of the form you need to fill in ( I think it''s a D11).
You then make a brief statement explaining the order says he should pay x amount and how often, stating how much he has failed to pay and requesting that the order be enforced.
As I said before, I think the fee is £90 , when you write the statement you should also ask that your costs be reimbursed, as he is at fault and therefore you have incurred the cost because of his failure to comply.
Make three copies of all the documents and include a copy of the order for the court.
Then file the application with the court that made the order.
Then wait for them to send it all back, with a date for a hearing. They have it in their discretion to just send the bailiffs in if they choose.
Importantly, don''t panic, he is acting outside of the law.
When they send you the sealed documents you need to send him a set, recorded delivery, as proof of service.
Try not to worry too much, you have a court order.
Tink

thank you so much for reply. i am still a little confused what does this mean i will write you a paragraph from my solicitor from today it says my barrister had indicated to me (my solicitor) that the district judge requested that Mr X agreement to pay child maintenance at the agreed rate of £1249 per month be recorded in the order as a recital paragraph and not within the main body of the order itself, which therefore constitutes a written maintenance agreement.
Barrister''s view is that the financial order provides for the written agreement for child maintenance payments, and therefore if mr X wishes to seek a variation of the level of child maintenance payments, it is his responsibility to apply to the court, not the child support agency to vary terms of agreement. As the maintenance agreement (this being the first month) has not been in place for 1 year, it is not open to either of you to apply to the child support agency.
perican has indicated to me that, in her opinion your recourse would be to apply back to court for variation of your spousal periodical payments award, together with an application to enforce the child maintenance agreement as set out in the financial order. he does as he pleases what happens if he ignores this request and then he does not pay me any maintenance at all.he has found loopholes all the way through this divorce and has cost me thousands in sol fees !!!!!can i represent myself or do i need solicitor in court with me again ? Thank you X also does this mean it was not in the order ? X

Ok, the order contains a recital for the payment of child maintenance.
This is enforceable, the barrister has confirmed this.
What they are saying is;
Apply to the court for enforcement, he is acting outside of the law.
Yes you can represent yourself.
First, stop.
Take several long, deep breaths.
Your order states x amount for spousal maintenance.
X amount for child maintenance is included in the recitals.
I think they are suggesting that you apply to have the spousal and child maintenance combined, this is referred to as a Global maintenance order.
In this case once the child maintenance ends, the sum payable becomes part of the spousal amount. Then, it doesn''t matter if you apply to the csa,
The overall amount payable remains the same.
Enforcement is the way forward. You have a strong case.
My ex has been exactly the same, my legal fees were astronomical and disproportionate.
I have applied for enforcement and am currently going through exactly the same.
Do not panic, try not to let it stress you out too much, that''s his aim.
Rest assured. You''re case is good.
Tink x

thank you you are so helpful X i already agreed on spousal thinking that child maintenance would not be questioned so he got me down a further two hundred on spousal solicitors are suggesting a variation of my spousal periodical payments award together with an application to enforce the child maintenance agreement as set out in the financial order. does this mean all his documents will have to be updated again then, how much do you think this will cost,he has made me spend thousands on solicitors fees i would like to represent myself but frightened he will screw me for every penny again, please help xx what happens if he ignores everything and stops paying ? X