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XH underpaying Court ordered Child Support amount - what can I do?

(8 Posts)
PoppyField Mon 24-Nov-14 22:44:36

We've only had the Decree Absolute for a couple of months but XH is already messing me about. Under the court order he must pay £650 a month child support for 2 DCs. No spousal maintenance - I stupidly thought that if he was just paying for the children he might be less vexatious. He is making his own unilateral calculation of what he owes (as set out to me in email and then ahandy spreadsheet!)and then making spurious deductions of his own choosing - including what it costs him to feed the DCs when he as them! He is £900 in arrears already and in a week will be in arrears for November as well.

Since this is a court-ordered amount, he is obviously in breach and I would like to make sure he keeps to the agreement. Not least because his children deserve to be supported by him and he does not get to be a toe-rag to them as well as me.

My solicitor says I could go back to the court and claim arrears and costs but would not advise it for a 'small' sum. I'm thinking that this is how he means to go on unless I stand up to him. Is there anything I can do to enforce this order - without recourse to a solicitor? Surely if the Court orders it and one of the parties is blatantly in breach, the court can demand action?

I don't really want to hire my solicitor all over again just after I've got my longed-for DA, and I certainly don't fancy court - but what can I do to stop this right now? If I let him get away with it now, he will carry on and on and it will drive me mad.

Thanks for any help.

MuttonCadet Mon 24-Nov-14 22:46:06

You could try mediation (always a good first step), then represent yourself in court.

PoppyField Mon 24-Nov-14 23:16:02

I was hoping I could just fill out a form, hand it in to the court and they would send the boys round. Or a judge. Or something. Oh well. Thanks Mutton.

mynewpassion Tue 25-Nov-14 02:25:32

Post this in legal as their are some solicitors who sometimes offer general advice. Maybe they can give you a general overview of what forms to complete and you can self-represent. Think about it...the difference adds up over time.

MooseBeTimeForSnow Tue 25-Nov-14 02:29:59

I hope this is still valid

MooseBeTimeForSnow Tue 25-Nov-14 02:34:16

So, you fill out the form and lodge at at the court that dealt with your divorce. If the Judge is happy with it he'll send it to the Magistrates' for enforcement and collection. He won't find out until they get in contact with him.

PoppyField Tue 25-Nov-14 09:06:16

Thanks mynewpassion - wasn't sure where to post this. I'll post in legal.
And thanks Moose I'll have look at the form. I was hoping this was something I could do myself.

PoppyField Tue 25-Nov-14 14:42:51

Ooh look - I've moved to legal. All contributions welcome.

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