Spousal maintenance

[pinkhalf]

I have just got my decree absolute and have a financial consent order with the ex where he pays spousal maintenance and child maintenance.

These payments are set down in the order to be paid by standing order in advance.

But no payment has come. I am under a lot financial stress! I am trying to sell our house but cannot manage with these payments. I've had no explanation, no response as to why, and last week I sent a letter saying I would apply to enforce at court. He just emails me silly things saying I will tell you, why don't you ask. Rubbish and I've ignored it.

But I need to speed up any enforcement. The mortgage is 2k a month, I will have to start paying by credit card next month and I already gave £20k debts which I can clear until the house is sold.

Basically, does anyone have advice about how to speed up enforcement, and make him actually pay? He just thinks court orders are starting points!

You could email him and say unless the money is in your account by 4pm on Monday you will issue court proceedings to recover the sum due perhaps? I am not a family lawyer so am not sure if it is the same as other kinds of debts.

Could you take in airbnb guests over some weekends to try to get at least some cash in from the house until it's sold? If he is going to mess around with payments to you then may be you would have grounds to change the financial order to obtain more of a lump sum if he cannot be relied on to pay in future at least for the spousal element. You could also send him a list of the additional charges he will be liable for - eg cerdit card interest, bank charges, interest on emergency loans you may have to take out if he does not pay and say these will all be taken out of the proceeds of sale of the house from his share as you will have to have the order varied to take account of his failures. Also charge him interest on the sums that are due - I think statutory interest is 8.5% a year.