Stopped Paying Global Maintenance

[thestrongwomensclub]

I'd really appreciate some advise please. My ex simply stopped paying global maintenance in August 2019 meaning I've been forced to apply to the court for an enforcement hearing. He text the night before to say his business was in trouble and that he could no longer afford to pay maintenance. He then explained the same thing to our children aged 11 & 9 when he next saw them next.

My ex is a director of 3 companies and his income has only increased since our order was made in 2016. As part of the order he is due to provide P60s and tax returns so I'm aware his income has increased. He's also required to post accounts on Companies House so I can see the last year results and this paints the same picture. As mentioned he now says he can't afford to pay so I applied to the court to have this enforced. We have the hearing in a few weeks time. I'm representing myself as this is our 8th court appearance as I can no longer afford legal representation (especially when he's not making payments)
Last week I received a call from CMS as my ex has made an application to have CM reviewed. We've not previously had a case with CMS as went through the family courts. Because of the companies he owns he was able to divert his salary so it was impossible to accurately put an amount on his earnings.
The CMS have said as the court order is over a year old they will now review what is paid. I'm slightly confused as we have the enforcement hearing so I'm not sure where this leaves me. We have an order for global maintenance which doesn't specify how much is CM and how much is SM.

Any help would be really appreciated. My ex is a complete nightmare and determined not to pay anything for his children. Also if I'm further down the line than others I'd be happy to provide advice based on my experiences...

If it's global maintenance CMS getting involved won't affect the court order, which is effectively spouse maintenance.

Unless of course the order says anything different. Therefore you cannot take anyone's word for this, and the safest course of action is to see a solicitor. Most would charge you a fixed fee for some proper reliable advice.

If the accounts are abbreviated accounts, which is what all small companies file then it won't actually help you as the detail is. Rey limited. You need the more detailed balance sheets which break down the accounts but he isn't obliged to file them

Remember the companies are a separate legal entity from him so it is very difficult to extract money from them as being his, especially if there is more than him as a director or shareholder.

My order is for global maintenance less any amount the respondent is required to pay following a review by the CMS

He's the only director of the main company, shared director for the 2nd and only director for the 3rd and smallest company. He's made his new wife a shareholder for the 2nd company so no doubt is part paying his salary to her now.
The hearing we have requires him to provide 2 years balance sheets and P&L accounts, so I will get more details following this. In the past though I've needed to get penal notices applied as he doesn't easily hand over this information.
I'm not actually requesting more money here... just for the court to enforce the global maintenance already set.

Hi strongwomensclub I don't know if you'll see this but I found your thread while searching with a similar problem ... I just wondered what happened in your situation if you don't mind me asking?
My Ex pleads poverty and hides money too. It's a constant threat he is going to stop paying global maintenance yet he has numerous cars and 2 houses (both mortgaged but definitely equity in them. So I wonder if the court has the power to force him to make payments if he carries out his threats.

TIA