Enforcing a Consent order

[useless65]

Hi - I have a consent order for child maintenance for £500 per month from my ex. It was drawn up in Spring 2014. In June last year (2015) he stopped making any payments and has not made any payments since. He has not made any attempt to set the order aside or have it varied so I believe it is still valid. He acknowledges that he owes me the money but after 20 long years I know that his promises to pay amount to very little. He has little income now although that is likely to change in the next year.I was wondering if I could still enforce the order and if - given he has no money now it would be better to wait until he is in funds and then enforce if he won't pay. Is it enforceable after one year - I read somewhere that consent orders only last a year.? Can he have it varied retrospectively - so that if he can prove he had no income for a period then he will not be ordered to pay during that time?
Any lawyers who might be able to advise ?

Still enforceable, but you need leave of the court to enforce arrears more than 12 month old.

Either of you can get the CSA to do an assessment, which will replace the order. He can apply to vary the order, and remit arrears.

Thanks so much Collaborate - what are the circumstances in which the court will grant leave - is there a statute I can look at?

He has been through financial difficulties with trying to get a business off the ground and has had no money in the last year. Things are taking off now and he will have money but it will probably take another year before he will be in a position to start paying off arrears or any further money.

But he is also self employed and I understand that the CSA is pretty useless in that situation so I don't want to go to the CSA.

Ideally I want to leave the order in place and enforce it when I think he will be in a position to pay at least the arrears. If I try to enforce now my fear is that he will be backed into a corner and will get the CSA to say he does not have to pay anything .

what are the circumstances in which the court will grant leave

It usually depends on what you've been doing to recover the money, and whether he had grounds to reduce it over that time. I'd expect him to apply to vary downwards and remit arrears, but each case is different.

Sounds like maintenance should have reduced when his income reduced, but that's not 100% certain.