Ex in Breach of Consent Order

1 am a 50 yr old woman who divorced in 2011 after the 3 year Seperation.
I have an 11 yr old autistic daughter from my marriage.
In 2014 my ex husband wanted to overturn the Consent Order which allowed me to move to another house and retain my 75per cent share.
My ex delayed signing the consent to sell the FMH and nearly caused me to loose the purchase of my new home.
In October 2014 I moved to be close to a suitable secondary school. Her father then took me to court as, despite none of the trigger events in the order taking place. I.e. My remarriage, cohabitation or death!
Unbelievably, the judge ruled in his favour and his wish of being allowed to stop paying spousal maintenance of £270pcm was granted. He does still pay for our daughter, the CSA minimum.
He also was granted his wish of time limiting when he receives his share of the equity. This means in 10 years time, I have to sell the home I share with our daughter or cash in a small ex RBS staff pension, reducing my income to £6000 per year in retirement. He has a second charge.
The consent order provides for maintenance and repair costs of the property to be split equally and capital expenditure to be paid equally too.
I have sent two emails to my ex asking for half of he cost of paints, oil burner serving, cleaning of gutters and costs of wardrobe which I had fitted to 2 rooms. No replies from May to now so I called him up.
He is refusing to pay, saying I will have to take him to court. As he is in breach I would like to know what I can do...I spent all savings of £8900 on a lousy lawyer and have nothing but child maintenance from him, even though he is on £60k as an accountant and I am on £7 per hour 17 hrs a week, plus all the onerous tasks associated with singly dealing with meetings and medical appointments for our special needs child! Thank you very much

Hi Chillington15,

I am afraid I have no advice to offer you. Your ex sounds so mean. I have no idea what you can do? Surely the judge couldn''t have had the full information or your ex has friends on the inside?

Welcome to Wiki anyway. I do hope that someone will be able to advise you - seems totally unfair.

Many thanks for your kind reply. I think he may have had a corrupt lawyer.
He really is mean and he has no conscience I''m sure!

Chillington15 wrote:

Many thanks for your kind reply. I think he may have had a corrupt lawyer.
He really is mean and he has no conscience I''m sure!

I know it seems that way. But his sol is only acting in the best interests of his client.

There are things to consider...

1) What action am I taking and what will it cost?
2) What will the likely outcomes be?

You have a right to ask for the repairs for sure. But if you act upon it, what will it cost you to get reimbursements for your expenditure? You have tried the easy route. He refused.

Maybe its time to revisit the consent order? Since it was changed, and he is on 60K and you 7PH is there not scope for getting it changed again? Perhaps have the charge removed? Something that has real benefit for you and your Daughter. Your more likely to get charges removed then getting cash out of someone. And the court will be able to see that this is a win win for you and your Daughter. Just a thought.

The trick to any litigation is doing it low cost or... At a cost that is less then what you get in return. There is probably no point in you hiring a lawyer for this. The costs will outway the expected returns. So why not self rep or LIP (Litigant in Person)? That way your costs will be minimal and hopefully, he will need to hire a lawyer to defend it (making him more likely to fold). Its not as hard as you think and no one will ever know your case better then you do. There are sections here on this site that cater for LIP''s There are also forums on law all over the interweb. You can do it. And if you lose, you lose nothing and you have everything to gain. Think about it. Marshy.