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advice on child & spousal maintenance

(6 Posts)
Rani200 Sun 03-Dec-17 18:49:15

i was married for 17 years. I have two children age 10 & 12. my finances and divorce were finalised in family court in luton in 2015. My ex husband was ordered to pay spousal maintenance and child maintenance first date of every month until the children are 18. I was ordered to remove his name from the mortgage when possible, which i have done from the past two months. I work 25 hours a week and only stander gave the mortgage providing I give them the court order letter which had maintenance clarification. they took the maintenance into account to give me mortgage. My ex stopped paying me maintenance without any warning this month. When i rang him to find out why he said to me that his contract has been terminated since the end of September and won't be able to pay me until he finds a job. He Has bought a new house in Warwick last month and the furniture to go with it. i don;t this this is fair that he could out the roof on his head and can't pay for me and the children. The mortgage money has come out from my account but I can no longer pay the bills and I am worried. Will I be able to reenforce the court order, will the house he just bought taken into consideration?
I need some help with regards to which form do I need to fill and if I can get any help Please

Rani200 Sun 03-Dec-17 18:49:47

i was married for 17 years. I have two children age 10 & 12. my finances and divorce were finalised in family court in luton in 2015. My ex husband was ordered to pay spousal maintenance and child maintenance first date of every month until the children are 18. I was ordered to remove his name from the mortgage when possible, which i have done from the past two months. I work 25 hours a week and only stander gave the mortgage providing I give them the court order letter which had maintenance clarification. they took the maintenance into account to give me mortgage. My ex stopped paying me maintenance without any warning this month. When i rang him to find out why he said to me that his contract has been terminated since the end of September and won't be able to pay me until he finds a job. He Has bought a new house in Warwick last month and the furniture to go with it. i don;t this this is fair that he could out the roof on his head and can't pay for me and the children. The mortgage money has come out from my account but I can no longer pay the bills and I am worried. Will I be able to reenforce the court order, will the house he just bought taken into consideration?
I need some help with regards to which form do I need to fill and if I can get any help Please

writingsonthewall Sun 03-Dec-17 22:04:41

What exactly did the court order say? If for example it specified a % of earnings then presumably if his earnings are now zero then he won’t have to pay.

Even if it specifies an amount, he can’t pay what he doesn’t have.

Sorry not much help there, I would start by reading the wording of the order

Rani200 Sun 03-Dec-17 22:26:16

Hi Writingsonthewall,

Thanks for your advice.

It just seems bit odd that he could afford to buy the house but not pay for the children, He managed to get a mortgage whilst he is out of work and he can't pay the maintenance.
this is what the court order said. Nothing was mentioned about % of his earning. he was on a lot of money.

Periodical payments
13. The respondent shall pay to the applicant periodical payments as follows:
a. The rate of payments shall be £450
b. The first payment shall be made on 1 May 2016 and all future payments shall be made on the 1st day of each month thereafter.
c. As from the date that the younger child of the family reaches the age of 18 or completes full-time secondary education (whichever is later), the rate of payments shall be £1 per year.

cakeisnotaproperbreakfast Mon 04-Dec-17 00:31:28

IME Court orders only remain valid for 1 year. My ex-twat paid as per the order for exactly 1 year then stopped paying, went self employed & ive had nothing since. My case transferred to the CMS who have been unable to get me any money, but they do send me a weekly letter informing me of this <helpful>
Get legal advice, but don’t be surprised if you can’t enforce the court order as it was set in 2015.

SmokeintheR00m Mon 04-Dec-17 04:40:24

Instead of looking to your ex. Can you work more hours? Or can you find a better paid job? Secondly, your ex obviously needs somewhere to live. Do you have a room that you can rent out?

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