Back to court

[MrsJennings]

Hi,

I've been with my husband for 10years, we have an 8year old together and I have a 15year old from a previous relationship. My husband has a 14 year old and a 13 year old with his ex.

When my husband and his ex divorced a child maintenance order was agreed. A few years ago my husband took a substantial drop in income. As a result he decreased his child maintenance, paying a few hundred ££s over what the online child maintenance calculator suggests.

Over the last few years his income has now risen BUT according to the maintenance calculator he is still paying more than he is obligated to since we now have two more children in our household.

His ex has now broken up with her new fiancé and is demanding that my husband back date all the money from the original court order, she is also threatening to go after his pension which she didn't get in the final settlement. Does anyone know if she can legal do this? Also, would I have to declare my income?

Also, just to add, after the original settlement my husband also gave her a considerable amount of money in a lump sum, would this be taken into consideration?

Thanks

When was his original order made?

2006

He concealed his pension?

Nope

Highly unlikely she can back date!

As for the pension, if it goes before a judge and he says settlement was unfair there’s a chance she could. Unlikely.

Final settlement - if she has now decided she wasn't happy with it I would expect that's tough shit tbh!!

But could she back date maintenance? How accurate is he online calculator and would my income be taken into consideration?

If your dh has consistently paid over the minimum can amount all this time, despite his income varying I can't see that she can do anything, let alone backdate it. Cm states the minimum you have to pay.

As for the pension, was the divorce a clean break? If so then no, I don't think she can't claim on his pension if they already reached a settlement.

And no, your income is not taken into consideration with CM op.

It wasn't a clean break order

I assume there is no spousal maintenance order.

Your husband should apply to the CMS for a reassessment. He is liable for the full amount of the order although his ex would need leave of court to enforce arrears more than 12 months old.

No she can't claim his pension.

Your husband trally needs proper advice though. Especially if the order included spousal maintenance.

Ah, not a clean break so at least nominal spousal.

Get advice from someone who can see the whole order.

Thanks Mrs Bert