Consent order/maintenance

[newlife838]

Hi all,

Need some advice, what can be done if your husband is not paying maintenance according to the sealed court order by the judge. It was an agreement made outside of CSA. He’s self employed and tbh since asking for divorce I’m pretty sure he’s been faking his accounts. His lifestyle does not add up to what he showing on paper.

He’s now in contempt with the court but I’m not sure he really understands the consequences.

Thanks

If it’s spousal maintenance you’ll need an enforcement order
If it’s child maintenance and more than 12 months has passed it will fall under jurisdiction of cms I think and he could ask for a variation based on his earnings

Thank you @millymollymoomoo...

It’s a combination of both, global maintenance I believe is the term used. Unfortunately yes I’ve had to go down the enforcement route which means spending more money just to get the money...seriously why is he doing this, spiteful but he’s the one that will be paying the costs eventually and not financially!

Yes if it’s global then you’ll need to go down the enforcement route
He can apply for a variation but will need to demonstrate significant change in circumstances

Just go for enforcement. I used form D50K. I think it's about £50 or £100 and it was always added to what Ex owed me as judge always found in my favour.

I didn't use a solicitor, just filed it myself with the court then you get called for a hearing.

Judge will take the view that it's a debt that is owed so he has to pay it, no excuses. If your Ex claims his income has changed it's up to him to apply for a variation and continue paying in the meantime.

Thank you 🙏🏻. I will look into it. Seriously one thing after another...urgh