Ex withholding maintenance

[gelatodipistacchio]

Hi, my ex and I have a consent order for finances which provides for the payment of child maintenance. My ex is an EXTREMELY high earner and the maintenance is tied only to the basic CMS rate.

Two months ago, my ex decided that we have a dispute regarding the sum due and he tried to draw me into an argument about it, which I refused to do. He has stopped paying maintenance altogether now.

I told him I would call CMS and I did this. They have said that they can't get involved because there is a court order.

I have emailed my solicitor, but wondering if anyone has any views on this? I am minded to report him for contempt of court, but I worry that the court will think that I should have made more of an effort to sort things out myself.

He will also DEFINITELY try to claw back sums already paid. Any views on whether this would be successful in the event his interpretation of the order is right, given we both understood that he should be paying the "overpayment"?

Ok, so if he's ignoring the court order you need to go back to court.

Regarding the 2 months money that he owes you - how much is that? Because depending how much it is depends on whether it's worth persuing through the court.

How long has the agreement been in place? Do you still have a lawyer?

@ThisIsStartingToBoreMe it's around £2k

@AnneLovesGilbert we agreed it ages ago, like in March, but it was only just sealed by the court. I have a solicitor but she's on hols until 5 January and I would rather not pay solicitors fees unless necessary.

Short answer is that there's a court order and the court can enforce it if it has only been sealed in the last couple of months

Long answer is trickier. First of all, your case is probably quite different to 99% of people's experiences on here so be careful of anecdotal advice. For most people the courts are limited in their powers on child maintenance and after 12 months of a court order either parent can opt for the CMS route instead.

You case sounds like one of those where your ex earns over £3k per week and the court has more discretion under the Childrens Act 1989. That's as far as I can help - you need your solicitor.

Chances are though it sounds like your ex might challenge the order and seek the CMS route after a year. Again, only a solicitor can discuss the possible outcomes of that.