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consent order non/reduced payment

(4 Posts)
ike1 Wed 13-Jul-11 14:50:26

Hi my divorce and consent order was finalised in Oct 2010. It was a generous settlement considering ex earns only 30k pa (approx 2k per month).

Agreed in Nov for him to reduce payments from 730pm to 570pm as he said he was struggling. This was an unofficial agreement btw. However in June he without warning dropped payments to 250pm. This strangely coincided with OW moving in. They are both Social Workers and she has just bought a new car. I would have thought money would not be so tight, however apparently he had to suddenly reduce payments due to terrible debts.

He has had 3 hols this year with OW, me none. The kids are 3 & 7. Now I realise he could be in financial difficulty, probably is, big mortgage etc. But she earns 30k per year and i feel that in fairness she should help him out since she helped to split up the family (obviously this is not a legal requirement I know)there are no kids involved and she is currently renting out her home.

My conscience wrestles with this I guess (I like to play fair), when I discovered the affair I applied immediately to go back to FT education to get back into work eventually and I now have a small NHS bursary so could probably just about manage on the 250pm he gives me (was a SAHM when he first left). Shall I take him back to court?

Collaborate Wed 13-Jul-11 16:06:13

Is this child maintenance?

Is it in a court order?

ike1 Wed 13-Jul-11 16:11:53

Yes and yes

Collaborate Thu 14-Jul-11 23:04:52

You just need to enforce. Probably get away with the rate of £570 pcm as you agreed to reduce it, but nothing to stop you going for the whole lot.

Go for an attachment of earnings order.

He can give you 3 months notice of the termination of the order if it's been in force for 12 months. More than enough time for you to go to the CSA.

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