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Breach of consent order

4 replies

Cazza7e · 18/04/2018 16:47

Hi, this is my first time posting but cannot afford a solicitor so hoping others with experience of this can help me.

So in Feb this year my ex husband and I finally agreed to a consent order where he pays me £1,800 in spousal maintenance a month starting from the 10 Feb until my son who is 9 turns 18 and divorce went through.

That month he decided to stop paying child maintenance as he interpreted the consent order as including child maintenance when it didn't and this was made very clear to him in court. He said I have no further claims against him and won't be paying anything further. I pursued it through CMS and got awarded more than he was paying previously.
This month he decided to half my spousal maintenance, and pay the other half as child maintenance. Am I right that he has breached the consent order and I need to pursue this back in court for breach? What would the courts do if they find him in breach? This man earns £100K a year so isn't short of cash either.
He is a real piece of work and thinks he is above the law, he's left me with a massive debt due to legal fees which will take years to clear and is still he carries on with this nonsense.

OP posts:
CindyLouWhoo · 18/04/2018 16:49

Yes, he's in breach. Spousal maintenance doesn't cover child maintenance. Unfortunately your only option is to pursue him legally which will mean more legal fees. Sorry.

I think, though, you need to co sided the real risk that he goes self employed etc and applies to vary the order himself. If he's determined not to pay you then there are multiple avenues for him.

Cazza7e · 18/04/2018 17:01

He is self employed and has been for the past 11 years. It's a limited company and CMS worked off his tax return and it's evident that nothing has changed in the past 11 years either.

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Xenia · 18/04/2018 18:33

Tell him if he does not pay you will sue. I wonder if you can just sue on line like with any other debt? (moneyclaimsonline) - that might prompt him into action but you need to give him notice first.

Cazza7e · 18/04/2018 19:28

I’ve already warned him that I’ll be taking action. Sent 2 emails, what’s app and 2 recorded letters and refuses to respond. I had given him till last Sunday to pay and nothing

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