Maintenance Avoidence

[Stillploddingon]

Just before we started divorce proceedings, my husband threatened to give up work so he didn't have to pay maintenance. His threat was in a text and was also confirmed by one of his family members so my solicitor wrote to his solicitor advising that this was a bad idea seeing as court was looming - he remained employed. We divorced in December and he was due my financial settlement soon after, a hefty some of money, more than enough to live off for a while, so just prior to getting his lump sum, he gave his job up and informed me that he will not be paying maintenance as he doesn't have to as he's not working. He's had 10k off me and because I took him back to court, he started paying a small amount per month but nothing like the figure from his employment. It is crippling me financially and also reducing my chance of getting another mortgage as my income has now significantly reduced. I am due to pay the remainder, which is a large sum of money, but he is saying he wont pay any more maintenance, is this fair, so I give him a massive amount of money yet he is entitled not to contribute sufficiently towards his children? He just keeps saying that if I'm not happy, go to the CSA but I'm guessing he's only pointing me in that direction because he knows he's right? Just because he has a massive amount of money in the bank doesn't mean he has to pay maintenance?

Yep he's right. It's completely shit and should be illegal.

But he's faking no money because of no job and then sitting their with thousands in the bank but not paying barely any maintenance, are you sure this is legal?

Why have you had to pay him lump
Sums?
This is so unfair.

Ive paid him a lump sum so me and the kids can keep the house. He moved out 13 years ago and I have paid the mortgage ever since, all bills etc. I have my business based in the house too, in an extension, so if we loose the house, we not only loose our home but my income too. Has anyone had any dealings with the CSA where the father stops paying maintenance when he's been given a lump sum?

The CSA will generally calculate maintenance on gross weekly income so I’m not sure the lump sum would be taken into consideration if he doesn’t have a wage coming in.

Yep it's taxable income these days.
Though can get a small amount if he is on benefits -- I assume not.

CM is based on income and not savings, so yes, he’s correct. However, unless he’s very wealthy and can afford not to work for the rest of his life, he’ll have to find another job eventually and then you can claim straight through the CMS so he has no choice in the matter.

You’ve presumably paid him lump sums of money because this reflects that he has equity in the property you live in, that he contributed to it financially when you were married, and has been disadvantaged by having to remain on the joint mortgage since whilst you get the full benefit of the house. This is unconnected to maintenance and you haven’t done him a favour by buying him out of a property he co-owns. You need to mentally separate the two things.

Start a case with the CMS anyway and then it will be there as soon as he starts working again.

Thanks for your help everyone, it just makes no sense at all that I give him thousands payout, out of the house I have paid for for 13 years, and then he pays a pittance in maintenance...but if that's the law, then that is obviously why he gave up his 70K pa job, knowing he was going to get a lump sum off me to live off. rather than pay towards his 3 children

What an absolute scum bag, sounds like you are well shot. What a great father!

Been there, £45K he got, two years I got nothing, then £30 per month and now £38.50 per month. Only another year to go and then our DD is 18.

I choose to ignore and live my best life, I worked hard and have a daughter with a tremendous work ethic ( her college tutors just told me that tonight at parents evening by zoom).

Is he on benefits?

No, he's not and I think he has been hiding money somewhere too

I would contact CMS because I'm sure they have some discretionary powers.

Also when i went to court the judge put.in my order how much ex had to pay a month and when because he had been a dick about paying. Suprised given what was said your solicitor didnt do something similar.