Can she just stop paying?

Hi Wiki,

The financial side of my divorce was settled just over a year ago with my ex-wife getting half the value of the house. I have care of our two children and her child maintenance payments, which we had agreed at our separation would be £260 per month, were written into the Consent Order.

My ex has now been made redundant and has informed me she will no longer be paying child maintenance. I understand that if we had made arrangements through the CSA she would only be required to pay a small amount per month because of being out of work.

My question is as the payment arrangements were recorded in the consent order, can she just stop paying or does she have to apply to the court to change her circumstances before she can stop paying?

Also, does her not following the consent order affect any of the other arrangements set out in that order? The reason I ask is the order states that she can claim her half of the house once the children are out of education or if I cohabit or remarry. My new partner and I would like to live together, but feel we're not able to as her claiming the value of half the house just wouldn't be an option for us financially. Would her not following the order give us any more options?

Thanks for any advice,
Rob

Hi Rob,

I don't know the legal side of it, but if she has been made redundant, she has no income to give you. She is not doing this on purpose it is her circumstances.

Her redundancy lump sum will probably be put aside for her own outgoings until she finds another job (I'm guessing)

Could she afford a lower amount - even a nominal figure to contribute?

I doubt it would affect the other parts of the order, if you want to cohabit it seems by the clauses in the order you will have to give her her half.

WR

Hi WR,

Thank you for your reply. I should have said the money isn't really the issue. She's been threatening for a while to stop payments so I've been expecting it even before there was talk of her being made redundant. Also her being out of work doesn't mean she doesn't have money. It's more a matter of her priorities but maybe that's a subject for another post...

So it is really the legal side that I need help with, and how it effects the outcome of the financial settlement, if at all.
Thanks,
Rob

Hi Rob,

I agree - if she has money she should pay towards your children.

Why has she been threatening to stop? She should want her children to be financially supported, and contribute to this.

Good luck

WR