enforcement of consent order

Hi

I have a Consent Order in place with my ex which is 12 months old in November, when I will probably go to the CSA. My ex has underpaid the consent order since it began and not paid anything since the beginning of June. He was sacked from his job on 11th August. I applied for enforcement of the consent order for the arrears up to 1st August at the beginning of August. He has rang the magistrates court and said he can't pay the arrears and has applied for a variation. I have been told that I will now get summoned to court for the variation hearing and that he has included the arreas on the variation application.

Is this right? As it now appears that my enforcement application is no longer being enforced? And what is the likelihood of getting the arrears as he was working when he was meant to pay them. I presume they will vary future payments down now he doesn't have a job?

And do they take into account that he never bothered to apply to vary before this?

Thanks

Sue

The court has authority to remit arrears and consider the variation question, so yes that is right.
If your ex has no money from which to meet the maintenance your enforcement options are likely to be limited anyway.
Hope this helps