consent order

Hi,
I have a Consent Order in place with my ex which was signed in Nov 2009, this states that i was to take on all direct debits and pay him £10k from the house. I did this. Then he is to pay £300 each for the 2 children each month. He has never paid the £600 always £500 and now refuses to pay at all. He probably could never afford the £600 in the first place as he picks up approx £2k per month and has amounted a large number of debts since he left, however he agreed to the consent order knowing all of this. He has now got a new job where I believe he may have taken a pay cut of a few thousand (from 37k to perhaps 33k). What are my chances of enforcing this consent order, can I get an attachement to earnings?

You can apply to enforce the order and seek arrears, however he could apply to vary it downwards to take account of his changed circumstances. Come November this year, either one of you could apply to the CSA to asses the maintenance and any such assesment would replace the order.

If he is earning £33,000 then the maintenace figure (using the CSA formula) would be closer to £400 than £600 a month( potentially less, if they have overnight contact with him)

I would suggset in the first instance that you write formally, setting out the arrears he owes and asking thim to make payment of the arrears and the monthly amount due asap. Give him a set time to respond (say, 14 days) and make it clear that you will be taking further action if he does not do so.

Hi

Thanks for your reply thats really helpful. At the moment he is refusing his access rights to the children however in the arrangements for the children it states that he has them fri and sat night every other weekend which amounts to 52 nights a year and he has a child with his new partner therefore I believe I am actually entitled to more like £300 a month through the CSA, if the arrangements for the children state that he has them 52 nights a year will the CSA use that to calculate the amount or will they go on what actually has happened in practice?
When you say vary it downwards would the court ever vary it to below the minimum CSA amount?
Do the court take into account his debts has he has amounted a large number of credit card, hp and loan debts since he left?
If I apply to enforce the order would I still be able to go to the CSA after 12 months?
Thanks for your reply, I really appreciate it.