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Divorce/separation

Ex ignoring consent order

2 replies

anappleadaykeeps · 15/02/2018 17:52

Consent order was finalised last June.

Ex has now decided he doesn't want to pay the Maintenance (Spousal & CM) figure. He has reduced it by £100 per month with no explanation, and refused to answer and of my emails about it.

I've taken the missing January payment to Money Claim Online, but he has issued a "defence" and managed to put a "bar" on the case on the website preventing me asking for a Judgement. He has put in a counter claim instead to reduce it by £500 per month. I don't think he can do this through Money Claim Online, but he has.

What do I do next? He is claiming he should never have proposed £600 per month Spousal Maintenance, but he was stressed at the time (my fault apparently). He is challenging items now in my Form E budget, but surely he should have done that last year before the Consent Order.

Any advice?

OP posts:
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NotSuchASmugMarriedNow1 · 15/02/2018 18:18

You need to go back to court

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Angrybird123 · 16/02/2018 17:28

I have no.idea about the money claim website thing but my ex is currently taking me to court to reduce his payments agreed via CO. There are very few grounds for changing a consent order - he has to prove there was fraud, misrepresentation or an exceptional change of circumstance. If he is not paying you the stated amount he is in contempt of court and you can file a claim with the court to enforce payment (I was told that any arrears also incur interest ). See a solicitor ASAP to get the basic info I your specific case. If he does go down the route of filing an application to vary you both will also have to show that mediation was attempted or be prepared to explain to the judge why not. It's hassle but it's just paperwork..take it step by step and dont panic.

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