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Maintenance & deprivation of income. Scared. Please help.

(4 Posts)
cakeisnotaproperbreakfast Wed 26-Aug-15 11:44:54

I really need some legal advice because I'm so confused. Please help, I'm scared & not sure what to do.
I had a financial arrangement set by the court in May 2014 for child maintenance in the amount of 25% of my exh's net monthly salary (we have 4 children, but 3 children under 18, he has not contributed anything for the oldest since he left in 2013 as she's over 18 and at uni).
This 25% he has paid ever since, however I know this court order only stood for a year & was waiting for his next move ever since that year was up in May 2015. I thought he'd apply to reduce it based on the fact he lives with his new partner & her 2 children now. However, I didn't see this coming...

Yesterday I got a text telling me he has left his (professional) job & there will be no more maintenance until circumstances change or his new business becomes successful. He has set up a new business doing kids parties confused

I phoned the child maintenance service who said that "he's lying, no one leaves a reasonably comfortable job" hmm ....but that if he has left his job all I'm entitled to is a tiny percentage of his benefits.
Is this true? Is there no recourse due to his deliberate deprivation of income? He definitely resigned & wasn't fired as I read it on the schools newsletter online (he was a deputy headteacher).

I'm going into my 3rd year of uni in September (I decided I had to increase my career options & income when he left so I started a university course) so I get child tax credits, child benefit & my student loan/bursary. But it's not a huge amount. I have the family home to pay for (that I bought him out of as part of the financial settlement) & his maintenance helped hugely towards the mortgage. I'm scared I'm going to lose my home.

mandy214 Wed 26-Aug-15 11:52:23

You need to contact your solicitor - you must have had one to get the financial order previously? Give him / her a ring and just say you'd like 10-15 minutes of their time just to explain the options.

OllyBJolly Wed 26-Aug-15 11:55:42

I guess it's not clearly deprivation of income (if that's the phrase). He changes his job as anyone is at liberty to do.

Tremendously selfish, imo and shows huge lack of respect for his children. Had the family been together I'd expect that this is the huge step that is carefully considered, discussed and planned for.

Any possibility you can defer your third year and get a job for the time being? I can't see what other options there are.

babybarrister Fri 28-Aug-15 14:30:25

did you also have an order for spousal maintenance? if so there is more scope as the court can "take a view" as to his earning CAPACITY rather than his actual income which is all the CMS can consider ....

good luck

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