In court Wed re exh not paying maintenance - need some quick advice

[Leslaki]

Had an ongoing problem with my xh who objects to paying maintenance for the DCs. We had a court order but it finished at the end of June - no maintenance since. He was only paying reduced maintenance since Nov as he just decided to stop paying it all and the CSA couldn't help as it was acourt order. I ahve been back to court for enforcement, they refered it to magistartes who allowed him to come into hearings on 3 separate occassions, tell lies and get it adjournd. At the last hearing, the magistrates decided to refer it to the County Court again!! Been a nightmare. Ex complicates evrything so much and it all becomes a drama in court - he goes on about all my spending - eg holidays (we use tesco vouchers to pay for them and go camping) and the fact I got a new boiler (paid for by Warmfront as I earn so little). He is also heavily in debt - he has transferred all his NWs debt into his name so he looks likehe has no money and then they spend her salary. Anyway, since our last hearing I have had to sell my house as I couldn't afford to keep it on and the DC and i are living with my parents. Obviously I still ahve the equity from the house in my account but I need this to buy a new house when I get a job (we had to move 100s of miles away). I need to know if my income/equity will be taken into account or if he just bloody well needs to pay for his DC?! My financial situation is just temporaray BTW and I can't afford to buy a house forus with no maintenance at all while he is living the high life and lying to us all (he told mehe has nomoney and can't afford holidays, then his NW sends a postcard to the DC [hmn]from their holidays!).
What sort of stance should I take?
my statement was very polite, factual and concise (his is usally like a book full of all this rubbish about how dreadful I am)basically asking for the maintenace to be enforced and to getback the arrears he owes me. I spoke to the CSA nad they said they could go after him for maintenance but not the arrears (close to £5K). Just need someone to tell me what to do and say! Thanks in advance!

Ask CSA if they can ask the Court to confiscate his driving licence.

Lucinda - You really don't understand how the CSA works, do you. They do not enforce court ordered child maintenance. As they informed the OP they can go after her ex for maintenance from the time she opens a case with them. They have no involvement in collecting any arrears relating to previous court orders. And they cannot take away the driving license of someone who doesn't owe them money. The OP needs to open a case with the CSA to look after future payments and get the courts to enforce the original court order.

The CSA is not consistent anyway.

The CSA are able to get involved if the court order was put in effect more than 12 months ago. I would suggest starting by asking them to open a case. They don't care about his debts, just his income so they will be able to specify a maintenance amount that he must pay. They can enforce this by getting his company to deduct it from his salary, if he decides not to pay.

As for the arrears, you just need to keep bashing away at the court. Collect as much information as you can for each appearance. Take evidence of your financial position, such as details of benefits, funding for the new boiler etc. Think of anything he might attack you over and find the relevant evidence.

Thanks for all you help. In the end I had a great judge - Ex didn't turn up or send in the paperwork so Judge has issued a penal notice against him for contempt of court, wasting court time etc etc (which can mean jail) and they are going to start enforcement action against him (finally!). They also awarded me £200 for my expenses and inconvenience for last week! Just hope it all comes through! I've had to apply for 3 lots of attachment of earnings forms - 1 for future maintenance, 1 for maintenance arrears and 1 for all the other money he owes me and the kids (inc this extra £200). At last I finally got a judge who read through the case notes etc and understaood what it said! He advised me not to go to the CSA...

Glad it turned out well for you, Leslaki.:)

Leslaki, why did the judge advise you not to go to the CSA?

Historically the courts are better at enforcing maintenance than the CSA. In any event when a court order predates March 2003 the CSA cannot get involved. If there is a consent order dated after March 2003 the arrears would need to be enforced before the CSA could take on the case and the order cease to have any effect.

Lucinda Carlisle, I was just wondering, do you have any legal qualifications? I keep seeing you on the legal threads coming up with some very strange advice.

No, he doesn't. He comes here when he's been banned from TES for the umpteenth time.

No, he doesn't. He comes here when he's been banned from TES for the umpteenth time.

Oops, sorry, double-clicked.

Thanks STIDW, I thought that would be the case but didn't want to ask too many questions!
Just waiting for the kick off reaction when he gets the penal notice!