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STBX not paying agreed maintenance - what now?

(9 Posts)
MaggieMcVitie Mon 04-Apr-16 10:15:49

Posting on behalf of my sister...

Her STBX has not paid anything to her for the last 4 months. Initially they had a agreed an amount which he paid up until Christmas, but after that nothing. Just a constant string of messages saying how hard it is for him, how hard things are for him financially and how she could have handled the situation better (he had a string of affairs and was found out). He also refused financial mediation. He has now told her she will have to sell the house and find somewhere cheaper to live.

She has been in touch with CSA and they will be 'collecting' his money from next month, but what if he still refuses to pay? Do they really invoke court proceedings? How far will they take it?

Also, if he is not going to pay anything would there be a case for him to be taken off the mortgage? Could a deal be struck whereby he made no payments but signed the house over to her, with his half of the current market value to be paid if and when the property is sold?

We are all sitting down tonight to have a financial summit over a bottle of prosecco (her request) and so would really appreciate any experience or advice anyone might have.
TIA

MaggieMcVitie Mon 04-Apr-16 10:18:05

Sorry, when I say 'all' I mean my sister, my DH and me.

ThisIsStartingToBoreMe Mon 04-Apr-16 10:28:52

Were they married

babybarrister Mon 04-Apr-16 10:41:53

CSA is separate from everything else - is she in England and Wales? were they married? is he self employed or an employee?

Sounds like she needs some proper legal advice - have a look at the Resolution website

MaggieMcVitie Mon 04-Apr-16 20:07:21

In England, they were married and she is waiting for decree nisi to come through - should be soon.

MaggieMcVitie Mon 04-Apr-16 20:08:47

He is self employed, I know this can make things more difficult. He has the children every other weekend and one night a week.

MaggieMcVitie Mon 04-Apr-16 20:10:19

babybarrister when you say CSA is separate from everything else do you mean he should be making additional contributions to cover the mortgage.

babybarrister Mon 04-Apr-16 21:49:54

I am saying child maintenance via csa us not dealt with by court - she should speak to a lawyer as she may be able to claim more capital - she needs full advice so gave a look at the resolution website

Sammysamread34 Mon 11-Apr-16 12:43:09

I have been separated from my husband for 2 and a half years. He has recently been claiming esa for depression hasn't had paid work since he was made redundant 5 years ago. He hasn't paid more than £40 in total towards his 3 children...ever. I contacted CMS last year and was told I was entitled to £7 per week for all 3 children. Have chased them but he just won't respond to them. And now he has started to see them every other weekend they have told me he doesn't have to pay anything towards his children whatsoever. I have long since accepted that I will get no help from him so am raising them myself. I've even had to supply him with all they need. .ie clothes etc whilst at his. How is that fair? ....I have no idea. Beyond a joke.

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