Breach of consent order

[ExMrsC]

I need to report a breach of consent order on a number of items relating financial matters following our divorce and want payment enforced. Non payment of maintenance or adjustment of amounts as per CMS calculation, and so on. I know I need to submit this to family court - but which form D11? or D50K? There seems to be conflicting information as to which one is correct. Please help?

We're just bumping this thread for you, ExMrsC, in case anyone's around to give you some advice.

And again, for luck.

For enforcement of non payment of money use D50k. It’s worked for me twice and judge will add the fee you pay to the debtor.

For non compliance with other aspects I have no idea. My ex hasn’t complied with a couple of points in ours including providing his P60 by June each year so our CM can be adjusted. Hence my CM hasn’t changed for two years

To amend child maintenance you issue a Form A.

If it's been 12 months since the order was made you apply to CMS instead.

If you're already under CMS you don't involve the court.

As for the "and so on" it really depends on what you need to enforce.

Ok guys thanks for assistance.
@Secretsout so to enforce payment of arrears only - I use D50K? Arrears are also accumulated for one half of all costs for sports, trips, extracurricular for children - not paid any ever, so presumably on D50K.

@Collaborate what else need to enforce - the other aspects breached are - not paying full amount on the right date or month and by standing order.
Not paying one half of ongoing costs (council tax and water rates etc) for a stupid empty shell of a house in europe (he refuses to sell so I don't receive any money) I guess this is also in arrears so D50K too.

Not ever supplying P60 for amending amounts of maintenance due 1st Jan each year, as stated on consent order to recalculate maintenance in line with CMS calculation.

So Form A should cover this? Can it enforce him to supply P60 proof of income for calculations?

It is over 12 months since order originally made - however I don't believe CMS will take it on as both my two are at university, therefore over 18 although the consent order was agreed and put in place to allow financial support of both of them through to end of first degree level. He has no clue how much it is costing for me to support them away from home.

Not form A in that case.

You have to pick whichever form of enforcement you want to use and fill in the correct form for that.

@ExMrsC yes I used d50k for enforcing 3 non payments. I’m stuck between a rock and hard place as the private arrangement in our order provides for maintenance to age 19 whereas if I go to CMS (which would now give me a higher amount) it would stop at 18.

I’m done with trying to negotiate with my Ex, he is a nasty individual so I’m keeping my head down and taking what’s due.

During the divorce process, my Ex insisted that every cost to do with children was to be split 50/50 and naively I took his word for it and my solicitor didn’t write it in the order. Suffice to say, he has gone back on this and will only pay the maintenance.

If your child related costs are all detailed in your order and you can prove non-compliance then perhaps you can enforce through the D50K?

Perhaps you also need to consider Form FE15, to apply for an attachment of earnings. Costs £100. Then he’ll have no choice as it’ll come out of his salary.

Just to add. I also, naively, didn’t ask for any provision for financial support through Uni (eldest has just gone) and guess what? He’s not going to help with any of that either. So, like you, I’m supporting eldest through uni on my low salary whilst his net salary is £110k.

@Secretsout The child can apply themselves for maintenance from the absent parent when in higher education.

@secretsout
yes child related costs specified on consent order "to be paid one half promptly for sports, trips and extracurricular activities" so will add that to D50K as has paid none ever - although think can only go back 12 months.
How does court decide which way to enforce it?
Daughter in third year so last year of support - the fourth year being masters is not covered under agreement.. although youngest just started with a foundation year and exact wording is to first degree level including a gap year, so am assuming it covers his four years.
I have had sporadic not full maintenance payments as and when he sees fit - I think I should of enforced a long time ago but it causes enough grief trying to get the maintenance, like yours he is a very nasty angry individual. However now with both at university and both playing sports I can't financially cope any longer.

What I am most annoyed about is why you can have the requirement to show P60 and wage slips to readjust payments written into the consent order but you can't seem to actually enforce him to comply. He had it set at really low amount (took agency work whilst setting it out) and solicitor agreed just to get it through and signed on consent order. When he subsequently took a £100K job shortly after. I just have no way to prove it...or enforce it.

@collaborate yes, my daughter did think of doing this as her dad is a very high earner and a couple of hundred pounds a month contribution from him would really help her. Financially, I cannot afford to instruct a solicitor to do this and Unfortunately we could find no real evidence of children being successful in such claims or how to go about this.

@ExMrsC the D50k allows the court to choose the method of enforcement. The first time I went through it the judge suggested attachment of earnings straight away. The second time the judge said he had to be given 14 days to voluntarily pay.

I have decided I am now apply for AoE for future payments going forward

@Secretsout Follow this link www.lawsociety.org.uk/news/documents/schedule-one-children-act-1989/

There's no reason for her not to apply. This power to make an order is for children in your daughter's situation.

Oh that’s very kind @collaborate I will pass this to my daughter.

Hello,

my ex-husband is supposed to pay my money on the 30th of April, but he has failed to do so. I know it is a breach of consent order, what all my options are? Which form do I need to fill?
D50K or D11?

I'm so confuse and having anxiety and so much stress.

Before filling in any forms you need to send a warning letter and give him an opportunity to pay up, being clear that you will take legal action if he does not do so. If that doesn't work, use form D50K.

Thank you so much. Is there any guidelines how to fill D50K form? Is quite confusing where they ask questions like applicant reference number? And court fees? Where I can find this Information?
where to send this form and how to pay?

Court fees are at Fees in the civil and family courts – main fees (EX50) - GOV.UK (www.gov.uk).

There is no guide for completing D50K. Leave the reference numbers blank.