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Maintenance payments causing poverty?

9 replies

canyou · 03/07/2012 16:02

My DB is an idiot and now is in arrears of maintenance and yes he is wrong, I have written out his outgoings versus his income,
He took out loans to try and keep up with maintenance and is now in financial trouble to a sum that we cannot possible help with.
His ex has served notice to him for the arrears, I can come up with half of what he owes her for the DC but not her personal maintenance.
He earns £475 per week, Per week he pays ex £100 for child maintenance and £100 for her, he pays loans of £145, leaving him with £175 for all living expenses, travel to see children and mortgage, when everything is paid he is £19 in arrears. He has no hse insurance etc so I am talking about food, heating etc.
Can he appeal the amount he needs to pay? [Only the £100 for the ex not the DC money]
Can he pay the rest in installments [I will cover them] will the court allow that?
If he goes to prison [ex's solicitor has threatened that may happen] he will lose his job will a court allow that?
Any one have any ideas where we can go from here?
I am so mad at him, he is in my eyes so wrong for not paying her and I am not happy with him but know he needs support and advice

OP posts:
Collaborate · 03/07/2012 16:06

He would have to apply to court to vary the maintenance for her if she won't agree to reduce it. He should start off setting out his income and outgoings and point out any changes since the order was made. He should also ask her for details of her income and outgoings.

canyou · 03/07/2012 16:13

He has her income/ outgoings which we know to factually incorrect, she works cash in hand and also has more bank acc then declared I know this as she refused to speak/email any contact and so we had no bank acc details and I refused to hand over cash so I went to the bank and explained that I needed to deposit cash for her but had no acc number the bank did not give me the acc no but asked which of the 4 acc I wanted it paid into. She has declared one only.
I am I doing more harm then good paying it for him in full?

OP posts:
canyou · 03/07/2012 16:13

Thank you sorry forgot that part Blush

OP posts:
STIDW · 03/07/2012 20:29

Listen to Collaborate. Whilst the order is effective he needs to pay. DB needs to apply for a variation so the court will look at any change in circumstance and both parties finances afresh before enforcing any arrears. That means the amount he pays can be reduced or done away with altogether and then the court will need to ensure that enforcing any arrears won't leave him living below subsistence level. IT would be less hassle to negotiate an agreement if at all possible but he needs to ensure it is documented legally.

RedHelenB · 03/07/2012 21:37

He will have to pay arrears though so the sooner he applies for a variation the better.

Collaborate · 03/07/2012 23:55

Arrears can be remitted (i.e. erased) if just to do so.

canyou · 05/07/2012 18:17

Ok Thank you for all the advice,
I have sorted his finances, applied for bank statements to prove he has no cash and that his ex girlfriend took the contents of his bank account [joint acc] and that he has paid over half of what she is claiming
We have an expenses income /outgoings done, it includes everything but no savings been done
He has an appt with his banks financial adviser to refinance and make savings on out standing debt
A bank draft for her maintenance for this week, last week and 1/3 of what is owing as he has not officially been given a bank acc to lodge it to
Proof of registered letters to her solicitor asking for negotiation and bank details
A list of times he rang her Solicitor and spoke to the secretary in the last week
He is going before a judge, they have skipped going to a registrar, what
ever that is ? The judge he faces is known for siding with the mother in the family law side of things not helpful
Variance order is being worked on will be lodged Tue the only day it can be lodged apparently
He also needs to relook at custody as the DC mother refuses to make them available to him,
Basically he needs to admit he messed up pay arrears and pray he does not get a jail senytence
What are we missing plse
Cannot seem to get an appt with solicitor before next weeks court date, also cannot afford a solicitor so needs to self represent
DB is also dyslexic so paperwork is difficult for him does the court need to take that into account and not just shove paperwork at him

Sorry for the saga
Thanks again for all your advice, an island in this sea of insanity and stress

OP posts:
STIDW · 05/07/2012 21:30

He can take any lay person, known as McKenzie Friend, for moral support and to assist with taking notes etc in court. A MF doesn't have the right to address the court but it may be useful to him to have someone with him , particularly if he is dyslexic. Ideally the MF would need to submit a short CV to court and copy the other side ASAP. Google "Family Presidents Guidance McKenzie Friends."

The terms "access" and "custody" were replaced with "contact" and "residence" many years ago. Contact/residence is dealt with separately at a different hearings. The first hearing is usually held about 6 weeks after the court receives the application, but at this time of year it may take a bit longer because the courts are busy sorting out disputes about holidays.

Collaborate · 05/07/2012 22:05

A maintenance order should not be enforced whilst an application to vary it and remit arrears is pending, although he should be paying what he can reasonably afford, so no extracting the urine.

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