Advice needed re. maintenance please

[Prforone]

Can anyone please tell me whether this is worth seeing a solicitor about?

My ExH and I divorced back in 2007 when DD was 2, nearly 3. As part of the Consent Order it was agreed that he would pay X amount each month in maintenance; the agreed amount being 15% of his net salary. Also in the Consent Order was that the figure was to be reviewed on an annual basis and increased (or decreased) in line with the RPI.

The figure has never been reviewed. In fact it actually decreased slightly when ExH asked for a bit of leniency whilst he was getting his new house sorted out about a year later (which I stupidly agreed to) and has never gone back up to the original amount even.

I know for a fact that in the past 7 years he has had two pay rises (he told me himself). He is also about to gain extra monthly income as he is moving into his GF's house and renting his property out. I don't know the exact figure on this but do know that similar properties in the area are achieving around £1,200 per month.

Would I be within my rights to get a solicitor involved in a child maintenance review, based on what the Consent Order says? I would love to say I could approach ExH directly and come to some financial agreement but unfortunately he is the most intolerable, unbearable, unapproachable human being on the planet. He switches his mobile off in the evenings now since the time I called him one night when I had a family emergency to ask him to look after DD. He said he couldn't because he had his girlfriend staying over. Does that give you an idea of what I'm dealing with?!?

I would see a solicitor, definitely.

I have the same clause in my consent order.

Two years ago, I calculated how much the maintenance should have increased by each year, worked out how much was owed and sent NC XH a recorded delivery letter setting out the amount due and asking for payment. I didn't need to write a second letter, but would have threatened court action had he ignored me. Incidentally, it's worth noting that interest is payable on the overdue sum. I didn't claim interest, but if it had gone to court, it would have cost him a lot more. (You could claim legal costs as well as interest too.)

Wow, I was just coming on here to ask pretty much the same question! We are not divorced yet but he's trying to wriggle out of paying "so much" demanding receipts....how do I find out how much he earns as I can't take his word for it?!

Not quite the same situation, FTS, as I have a Consent order in place following divorce that is not being followed.

If you're approaching divorce, you need to organise some mediation to sort out the finer points like financial, access, etc. or failing that, go down the CSA route.

I recently had advise against put an amount in the consent order as it only stands for a year. Once the 365 days are up either party could then apply to the CMS for assessment.
My solicitor advised that courts are stepping away from including maintenance in consent orders and the he advises using the CMS calculator.

FTS - do you have a joint bank account? If so, you can see how much gets paid in each month on the statement. Otherwise you'll need to see a payslip to know for sure. When you do start divorce proceedings, he'll have to fill in a form stating his income and attaching payslips for the court to see.