CSA vs court order vs interest in property

To make as brief as possible...

-NRP agreed in court order he would pay £x maintenance.

- also in court order to hold x% of interest of FMH until youngest finishes college

-NRP works cash in hand so CSA have him paying less than half the amount agreed in court order.

It was already a pathetic amount (ok £100/m for 2 kids!) not based on his income - quite random (i got screwed over - esp as we have a disabled child).

Can I go back and ask for more - and for it to actually be paid?

Can the non paid amount - as it adds up over time - be deducted from his share of the fmh?

How can I make this all happen without incurring huge further legal fees? (already £15k for injunctions and divorce!)

Still it was all worth it!

To clarify, do you have both a court order for child maintenance and CSA schedule in place?

I was led to believe that you could only have one or the other in practice.

its maintenance probably in the court order not child maintenance. CSA deals with the minimum child maintenance. i didn''t know it was separate until it was explained to me. But he is meant to make up the difference.

You can certainly apply for the enforcement of arrears of periodic payments for your own benefit (spouse maintenance) just like any other debt. However you should apply within a year and not wait to deduct it from your former spouse''s interest in the property.

To successfully apply for a variation to spouse maintenance you would need to show a change in circumstances. There is a risk that payments can be decreased if your ex''s income has reduced on paper.

IF you pass on any evidence your ex is working cash in hand to HMRC they may investigate. Although that can take time once someone is in the tax system evading child maintenance isn''t so easy. Under Schedule 1, Children Act 1989 it is possible to make a claim to cover expenses relating to a child''s disability.

ok thanks. i was told to act sooner rather than later so am seeking a decent lawyer for that to at least ''log'' it officially. i can''t afford legal rep to keep chasing him. (catch 22!) And can''t work due to care responsibilities which was not as acute during the divorce proceedings.

Seeing a solicitor is a good idea. Some are prepared to work for clients on a low income on an ad hoc basis so clients can receive some legal advice. The client then fills in their own court forms forms and represent themselves.

sounds good. i''ve got enough court time under my belt i''m happy to self represent. i''d make a great barrister.