XH in court over non payment of maintenance - what 'statement' can I write?

[Leslaki]

My X has not paid full maintenance since November and didn't pay at all this month until the court threatened him and he paid some but almost a full month late. he is now due in court mid April and I am away. The court have said it would be in my interests to prepare a statement justifying why I need all the maintenance (spousal and child). Aaargggh!! been in and out of court for 2 years now and have a court order for the maintenance which he has been ignoring. What should I put in this statement as I'm worried I will get carried away on emotion and anger?!!!

If he doesn't pay all the maintenance then i can't afforsd to live here (england) - struggling to get by on 2 jobs atm - I agreed to stay to keep dc near him but his partner is mentally and emotionally messing the kids up. Anyway if he doesn't pay I will be forced to sell up and move back to Scotland - he is now saying he will go to court to stop this! I know there are laws about moving the dc from England to Scotland but surely non payment of court ordered maintenance forcing us to move would be Ok? He earns about £70K and his partner works full time too - I earn about £10K. he lives a luxurious lifestyle - I don't!!! Would it go aganst me if I mentioned about moving home in my statement?
thanks in advance to anyone who can help!!

You've been asked to justify the maintenance so concentrate on that. Give a clear statement of your income and outgoings. Show that you need to current level of maintenance to survive. Put in details of your two jobs (particularly hours and pay rates) plus any other income you have. Make it as accurate as you can but don't worry unduly - as long as your figures are reasonable they probably won't be questioned by the court (although he might try, of course).

If your court order is more than a year old you can get the CSA involved to collect child maintenance if you want. I don't know how much child maintenance your court order gives you. If it is more than the figure the CSA would award it will be harder for you to justify, but that doesn't mean it would be impossible.

I wouldn't mention Scotland but would show that you couldn't afford to continue living in your current property if he doesn't pay up. The court would be able to figure out that someone earning about £10k a year couldn't afford much in the way of somewhere to live.

You would be moving to a different jurisdiction if you moved to Scotland. You would therefore need the court's permission to make such a move. However, it is unlikely that permission would be refused unless it appeared you were only moving to make it difficult for your ex to have contact with your children. In a case like yours I would not anticipate any problems.

Thank you!! Very grateful. I'm just getting bogged down in it all!