Ex-husband won't pay maintenance

[saoirse17]

My ex-husband has just notified me that he will stop paying the spousal maintenance and possibly also the child maintenance as he claims he has lost his job.

Both are regulated in the financial order, but with the wording that if he stops paying the outstanding amount will taken out of his part of the equity in the house that I live in (jointly owned by both of us). That doesn't help me pay the mortgage now.

Anyone know what my rights are here?

[MrsBertBibby]

What is the date of the order?

[saoirse17]

It's from January last year, 2016

[MrsBertBibby]

You need to get advice on the precise terms of the order, but here are some pointers,

The child maintenance is straightforward. Now that 12 months has passed after the order, either of you can apply to CMS for an assessment. The CMS assessment will supersede the order. If he has lost his job and has no income, he won't have to pay. No further arrears.

The spousal maintenance is payable until a court varies or dismisses the order. If he has no income, it is likely a court would reduce the maintenance. The court usually has the power to remit (write off) arrears. You cannot usually enforce arrears that are more than 12 months overdue without permission form the court, although your enforcement clause might have got around that.

In short, get to a solicitor, with your order. If he genuinely has no income, you have a big problem.

Good luck.

[saoirse17]

Thank you for your reply MrsBertBibby!

I suppose I will have to get in touch with the solicitor again, I'm a bit hesitant seeing funds are low as they are.

The court order says that the child maintenance should also come off his share of the equity if he stops paying, do you think that would still be superseded by the CMS?