Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Enforcing a maintenance court order

2 replies

annejane · 11/09/2012 07:33

Hello all,
I am in a dilemma.To summarise my situation,i divorced 4 years ago and we came to an agreement that i would take the mortgages on,one on our family home and one for his hobby,a barn in a field.My ex was ordered to pay me £1300 per month.Our ds who was 7 was in a private school which my ex paid for,reluctantly.I had to take him back to court to force him to.I am on a low wage and he was earning roughly 200k.
For a while it was ok and then he emailed me to say that he had changed jobs and couldnt afford the maintenance and cut it to £750 per month,which obviously put my ds and i under pressure but we have managed with the help of my parents.
Just been through the Sat exams and ds did excellently and gained a place in a private Secondary.My husband came along to the interview and appeared over the moon.Three days after ds started,my emailed me to state that he hasnt got the money and wont be contributing to the fees,approximately £17,000 per year.I am actually devastated,i cant afford this long term or even much more than a year.I had no idea he would be so cruel and embarrass both of us in this way.
After crying for two days i went to the school and tried to explain and ask if i was entitled to a bursary.They werent very sympathetic but gave me a Bursary form to complete,which i nearly have.In the mean time,I am going to CAB tomorrow to see what my chances are of taking him back to Court but representing myself!!!Do you think they could persuade him to change up some of his thousands of isas? Will they backdate the maintenance that he owes? I do realise that if his wages have dropped 50%then my payments will go down but that might ge me more of a chance of getting some form of a bursary for year 8.
I might add that i didnt enter a provision for school fees in the settlement,very stupidly,but never imagined he would behave like this with our only child.He has also to the day of school fees being owed moved into a two bedroom exclusive appartment,in a plush area and his barn,still half finished remains in the middle of a field.
I have got some isas which i put in place to pay off the mortgages but obviously i am willing to cash in for ds education but just wont be able to do the whole education on my own.
Sorry if its gone on a bit long but i feel absolutely lost and distraught as you can imagine.
Thank you for reading

OP posts:
Collaborate · 11/09/2012 09:21

This is too complex to be dealt with on an internet forum. You should look on the resolution.org website for details of specialist solicitors near to you.

Generally it will be up to your ex to apply to vary the order, and up to you to enforce it, but you need permission of the court to enforce arrears more than 12 months old.

RedHelenB · 11/09/2012 10:37

Thing is, if no mention was made of school fees & he goes down the CSA route as the order is more than a year old - how much would 15% be? Enough for private school?

What should be happening to the barn? Is it yours now if you have taken over the mortgage? Could you sell it on & get some money that way?

New posts on this thread. Refresh page
Swipe left for the next trending thread