My ex claims he has no income and therefore cannot afford to pay either child or spousal maintenance.
He has applied to CMS and they have put him on the nil rate meaning I get no child maintenance at all, starting this month!! Can I appeal this in some way? He's made his payments up until now so surely he must have some money or income that he's managed to hide? What can I do?
He has also applied to have the financial order varied with regards to the spousal maintenance, and sought remission from any arrears. What does this mean for me? Does he at least have to keep paying the spousal maintenance until that court case is finished? Or can he just stop paying? Can I in any way enforce the payments?
It all just seems really unfair, I will not be able to pay the mortgage this month after what he's done!
I really don't know what to do, grateful for any advice!!!
If you have evidence to show that he has an income such as his lifestyle being inconsistent with his declared lack of income you may be able to appeal. However, unless you have more than suspicion an appeal will be pointless.
Regards spousal maintenance, there is no guarantee he will get the variation he wants or that he will be released from paying any arrears. You can file your own application for enforcement of arrears.
The central question is whether he has any income. The fact he was able to make payments in the past does not mean he still has an income. His income may have dried up. If he genuinely has no income and is not deliberately depriving himself of income in order to avoid paying you I'm afraid the courts and the CMS won't be able to help you. He cannot be forced to pay money he does not have.
Yes you can put in your own application. However, as there are no arrears you can't apply for enforcement. If you want the current level of spousal maintenance to continue you simply need to oppose his application, not make one of your own. You could apply for an increase in maintenance if something has happened that would justify a change.
He has applied to vary the spousal, could i during the same court case argue that I want a larger share of the house? As it is now, I was granted 60% in the original financial order. Could I ask to have that increased to cover that he's cutting the maintenance?
The capital split cannot normally be varied but there are rare situations in which the court will reopen the entire financial settlement. Essentially this is when something has happened that means the assumptions on which the original order was made are no longer valid. If you want to consider going down this route you need to consult a lawyer who can tell you your chances of success once they are in possession of all the facts.