Unpaid Spousal Maintenance

[NowAndAgain44]

Does anyone have any experience with variations/enforcing spousal maintenance? I’m going to court for a second time in 2 years with my ex husband because he isn’t paying court ordered spousal maintenance. He stopped paying 2 years ago because of a downturn in his industry and was only paying CMS. He was supposed to pay me £3300 a month (inc CMS) which was varied downwards to £2000 plus £24k arrears. He paid for 1 year and then filed for bankruptcy. He still only earning half of what he used to when we were together. The previous judge said she thought he had deliberately downplayed his income to avoid paying me. He has paid me around £350k over the last 8 years and I kept the marital home and my rental property. I’m now working full time earning £52k which is a lot more than last time we went to court. I’m also moving to a larger property. He lives with his partner in her home and he is bankrupt, earning approx £60k. Any thoughts on what the judge will do this time?

You planned your future around someone else paying for it? Sounds like you're going to have rethink that.

It is hard to fake bankruptcy. And the courts can't compel him to take on more contracts, any more than they can tell you to go out and earn more. So presumably they will look at it and say he can't afford it, as it sounds like he can't. Then he will just owe CMS.

What he does after that is another matter.

Yes I can’t get my head round it, why would you work more to give your ex it, like who would do that,

Blimey! You’ve had a shit load of money off him! Does he not see his children? You screwed him when he was very unwell by your own admission. You’re well enough to be earning a very healthy salary working full time.
I would say that the cash cow has well and truly dried up.

Bankruptcy is through the courts, you can't just say make me bankrupt if you have enough money to service your debts and have enough for your basic needs. He can't pay you what he doesn't have, you don't need it now

Yes and I was advised not to by my solicitor because he did have large debts and no assets so we could not prove it was artificial.

I don’t think you’ll get any. I certainly wouldn’t be buying a house based on this. And I really really hope the poster up thread who said you are denying him access to his kids based on this, isn’t correct, because that would be a fucking awful thing to do to both him and your kids.
my understanding on consent orders are that they actually only valid one year because of changes in circumstances like this.

Having just read your other thread, I’m gobsmacked! You’ve had really HAVE screwed him over haven’t you?
One day your children will be adults and wonder why you refused to let them see their father more when they were children.

but the judge last time did order him to pay based on his earning capacity, which she calculated was twice what he was earning then and is earning now. So they will do that. I just don’t think I stand much chance of getting what I’m owed now he’s gone down the bankruptcy route.

Oh God no….what a shitty thing to do to your own kids for money

If he's filed for bankruptcy he might ask you to pay spousal maintenance. Or give up your rental property.

It’s not consent order it’s a global maintenance orders. Guaranteed payments less CMS. It’s valid for the term in the order which still has 3 years left on it.

Is this a reverse? You can’t seriously believe you are entitled to this? Talk about setting the feminist agenda back a few years

Are you sure you have understood the judge?

Did they "rule" the income was down playing his earnings or did they suggest they suspected he was?

If they ruled there was income he hadn't declared they could rule maintenance on that basis. If they suspect they can just express scepticism,

You’ve had a lot of money from him so far but now you need to stand on your own two feet and adjust your lifestyle accordingly.

If he’s been made bankrupt then he must of had a lot of debt he couldn’t service.

You earn a healthy amount and quite close to his earnings so I would doubt that the court will award you anything going forward.

No that’s not right. It doesn’t form part of the bankruptcy and is completely separate. It is all still a live debt and he has to pay or go to court to vary it.

They have a very wide discretion, she said she “believed” he had downplayed his income in order to avoid the payments to me. Therefore she decided to make a new order based on an average of 5 years with effect immediately, which was double his earnings at that time.

You kept the house, you kept the rental property, you now earn nearly the same, he is bankrupt and has no assets while you are upsizing your house, and you want him to pay you maintainance on top of child support? And you want it to be £2k a month which is more than half of his take home wage? This is surely a reverse.

You must have had mitigating circumstances to be allowed such a high amount ? Can I ask you how did the judge get to that number ? If you want to answer off course

You kept the family home and a rental property plus spousal, you earn £52k a year whilst he was depressed at the time of divorce, is being bankrupt with large debts? And you still want blood out of a stone?

Are.you on glue????

And to be honest how did you expect him to pay that ? It would be more than half his wage just for you plus arrears ? Do you think it’s fair ? I hat has he done to make you belive it’s fair

It sounds like you took advantage of his mental health.

It is a very very unbalanced settlement that you got. Did he walk away with anything at all? I am quite surprised that was agreed to by the judge. It's not surprising that he has ended up bankrupt.

You have already rinsed him, maybe it is time to let it go?

He wanted to pay for all the bills for the first 4 years until both children were at school. He was earning well at the time and the payments went down after that, but were linked to CPI which was 10% the first year. He agreed to this 8 years ago. When he stopped paying after 6 years the court decided the amount based on his earning capacity and my needs.