Breach of consent order

[Andrewsgirl]

Hi- have been sperated 3 years and divorced 2 years. Ex H is a high earner (approx £200k a year) but is through dividends through his company (which he owns 100%), his actual wage very low so no point going through the child support agency (he pays himself minimum wage) in the consent order a child maintenance amount was agreed - approx 8% of his gross income (dividends and salary included) and there was a clause to say the amount would be increased every year by CPI. Last year it took me 6 months to get him to increase the amount and back date it. I dealt with this through my solicitor as we were dealing with other child related issues at the time so this matter was wrapped up with that.

So fast forward to this year, yet again he's missed two payments and is disputing the wording of the increase in the consent order (this is a man who would argue black is white and white is black if he could) and saying that because CPI was so high & he hasn't had that increase in his income he's disputing paying it and seeking legal advise.

I sought legal advise last year and it was very clear- he's in breach of the consent order and our next step was a D11.

I am reluctant to pay for the same legal advise again and so it seems I will have to apply to the court to enforce the increase.

Has anyone done this? Have you done it yourself?

My worry is that it will cost more in legal fees, if I don't do it myself, than what the increases should be. Is there anywhere I can turn to for some help? My ex H is a controlling narcissist and this is the last element of control he has (I fear I face this battle every year where he will mess me about and argue the increase)

Any advise or help would be hugely appreciated.

Thank you

Hi Andrewsgirl, you need to download a form D50k from the government website. Fill out with details of how he has breached the order and how much he owes you. Send two copies plus bank statement as supporting evidence and copy of your consent order to the court where you divorced. It costs £50. You don't need a solicitor to do this for you.

You should eventually receive a summons to serve on him plus a hearing date for him to explain why he isn't adhering to the consent order. This may take some time. Courts are understaffed and overflowing with cases.

You will need to serve the summons on him in person. If you don't want to do it yourself, look up a local process serving company. Should cost around £100. They will send you an affidavit when he has been successfully served which you need to lodge with the court.

The enforcement hearing allows the judge to decide how to collect the arrears and how to enforce ongoing payments.

The other way to enforce is to apply for an Attachment of Earnings order but this may be difficult if he is self employed.

It is common for the other party to apply for variation when these proceedings are initiated. Hopefully not in your case.

Good luck 🍀 Going through this myself.

Thank you, that's really helpful x

How did things go OP?

I am trying to pursue a similar claim against my ExH, and keep panicking that when we eventually get a Court Date I will be told I am being stupid for pursuing over such a small amount.

In our case ExH should be paying about £1500 per month but is insisting on underpaying by £104 each month. So about 7% underpayment - and sounds similar personality wise to your Ex.