Attachment of Earnings order

Further to my recent thread, my ex has threatened me with an Attachment of Earning order for maintenance I have stopped paying for a 23 year old who dropped out of Uni last year and has gone back this year. I understand that the attachment order is to take money direct from my employer, my question is, what is the process for this, the time scale, and I will I be given the opportunity to defend myself?

I think you really need to establish whether the court has any jurisdiction first. It probably won''t, but if it has it''s a case of the order being enforced and you should have the opportunity to negotiate arrangements to pay any arrears. On the other hand if it isn''t clear cut it isn''t in either party''s interest to go to court and that may give you the opportunity to negotiate a compromise, say reduced payments to your son directly.

If the court does have jurisdiction either of you can ask the court to vary the order but the costs and time involved are likely to make it not worthwhile. YOur son will have almost finished uni before a final hearing! You would have the opportunity to state your case and the court would give regard to the financial position of both parents and your son so the court could increase or decrease payments and make them payable direct to your son or terminate the order.

Thanks Fiona, as you have read from my other threads I am seeing my Solicitor this week to clarify the meaning and wording of the Order and if the court will have any jurisdiction to judge.

At the moment I am paying my daughters rent as she is in accomodion for a Uni work placement of which she is receiving a small salary. She too, at 21 comes under the same Order and I stopped paying the maintenance as she is no longer in full time education,which her Mother accepts. My Daughter commences this next autumn, a bridge I will cross when the time comes.

My Son is earning £11,000 a year with the Reservists (Territorial Army) and informs me he is financially sound at the moment, but he knows if he is stuck I am here for him. I would expect his Mother will start to charge him for Board and Lodging soon?