court order broken

Hi,

I am still confused and thought I try and get an answer again on here.

I have a court order dated 2006 on which it states that my ex has to pay monthly spousal and child maintenance (separate amounts).

He has not paid my spousal maintenance for two years.

I am aware that I will never get that money back but am more concerned for future as court order spousal is until 2017.

He is making out that he is self-employed and can''t afford it - but has been on holidays this year 4 times, rents a 3/4million pound house and drives a brand new Mercedes, just to draw a quick picture.

Someone on here suggested that he could alter the court order child maintenance to CSA. Is this true?

Any advice very much appreciated!

Why do you think you won''t be able to enforce SM arrears? If your ex''s circumstances have changed the onus is on him to apply to court to vary the terms of the order rather than decide unilaterally not to pay. Normally you need to start enforcement proceedings within a year of the arrears, but it is possible to apply to court for permission to enforce arrears going back further. Arrears and future SM could then be collected by the court or a charge could be put on your ex''s property.

If you did start enforcement proceedings your ex might apply for a variation. Enforcement would be put on hold until the court could investigate and your ex would need to disclose his finances to the court. If your ex could demonstrate a change of circumstances SM could reduced but he risks having payments increased.


Normally one year after the date of a Consent Order agreeing child maintenance either party may apply to the Child Maintenance Service (CSA), the CMS notifies the court and the agreement in relation to child maintenance ceases to have any effect. Exceptions are when there are step children, one parent lives abroad, children are over 18 and in higher education (uni); or if there is a top order because someone earns more than the CMS/CSA capped amount, there is an order for special expense such as those related to child''s disability or school fees.

Thank you Fiona, really appreciate!

I feel a bit of a dilemma.

At the moment he pays me a fair amount of money for child maintenance.

Although I know his employer, he is very clever in hiding money or transferring his car to someone else.

He threatened me that he will make out he is self-employed, earning 7k/year so my child maintenance money will near to nothing.

I then might get spousal maintenance but it will be less than I get now.

sorry another question: Has anyone experience in what form to use for maintenance enforcement and application to back date over 12 months?