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Original poster

So.... prat (XH) has just sent me aletter saying he can't afford maintenance anymore

10 replies

Leslaki · 22/11/2009 20:31

and is just going to reduce it by £250 from dec and 'review it periodically' from then on!!! has he forgotten a court order in July this year?!!! PRAAAAAAAAAAAAAAAT!!!!! His NW tho obvioulsy hasn't given up her weekly manicures and horse riding - and he hasn't given up his fags and incessant buying of dvds and PSP/Wii/PS3 games!!! I am going to war with this one - latest in their long line of crap - in this month alone they have written to my boss slagging me off and written to my solicitor slaggin us both off! He still owes me fo he sourt costs from our divorce and is due to apy that by next week. Any legal advice would be fab otherwise it'll be another costly visit to the solicitor.

He is such a XX@@@:::$$££^^!!!!!!!!! and she is worse!

OP posts:
badietbuddy · 22/11/2009 20:33

May I suggest the costly visit to the solicitor? Noone here knows the situation and I certainly wouldn't be takign legal advice over the internet. If he is reducing it by £250 just how much is he paying you?!?

WingedVictory · 22/11/2009 20:52

Keep all correspondence, and see if you can get a written statement from your boss about what he has said. He's probably hoping that his unreasonable behaviour will put you off (too much hassle to get anything out of him, will cost you, etc., etc.) and even perhaps intimidate you.

Yet evidence of this behaviour might help in ongoing legal tussles.... if he isn't such a complete nob as to bankrupt himself to spite you. And if he enjoys his free spending (and if the new wife does too), he's unlikely to spite himself like that!

Sorry for the paucity of this advice, but gathering evidence is bound to be helpful, legally, anyway. Good luck!

QueenOfFlamingEverything · 22/11/2009 20:56

Can't you make a free phone call to the CSA?

lindsaygii · 22/11/2009 21:19

Solicitor. CSA.

Original poster
Leslaki · 23/11/2009 17:45

Thanks everyone - gonna call int he big guns and speak to my solicito about it. Just wondered if it had happened to anyone else and what you actualy do. I'm still chasing him for court costs realting to the divorce. Just know it's gonna get messy again - had nearly 2 yeasr of this - just wish they'd stop messing about!

OP posts:
WingedVictory · 23/11/2009 20:19

Dear, he's messing about because he's afraid he is in the wrong. He probably knows - very deep down - that he is in the wrong. Let's just hope he is kept awake by that....

ChocHobNob · 23/11/2009 22:35

Can't you go to the CSA now? They override court orders made after 2003 don't they? That way, he would have to prove his earnings have gone down to reduce any maintenance payments.

LightTouch · 24/11/2009 14:20

What court order did you have put in place in July, was it a Consent Order? I dont know about any other kind of orders, but a Consent Order will run for 12 months and the CSA won't look at your situation until after that.

Why does he want to change the amount? Due to a change in salary or something? If he wishes to change the Order then it needs to be by agreement with you and then the solicitor will most likely need to amend the order formally. If he genuinely has got reduced earnings and can prove it, then it's best to come to some ammicable agreement, but you would need to argue that you need some time to accomodate this change in your own finances. You don't have to accept an immediate change. If you can't agree then you can go back to the court to ask them to support the Order. They can do this by various methods such as an attachment of earnings.

He can also go to the Court asking for an amendment to the Order, giving his reasons. It is likely that the Court would only allow a reduction in the amount you receive, from receipt of his application, if it was successful.

HTH

Original poster
Leslaki · 24/11/2009 21:23

Thanks Light touch, yes it was a consent order. His salary hasn't changed but he has been spendin big time - and his girlfriend. They live such a luxurious lifestyle way beyond their means,. I think he is just annoyed because i bought a new oven - made so many commnets etc etc - but my old one didn't work FGS!!! I'm gonna ignore him for the time being and if he asks why (which he will) I'm just gonna say, "I didn't reply because you're proposing to break a court order and you can't. if you do I will take action" then walk away. I let him see the Dc more han the court order so may have to go back on that - Dc are more than happy with this otherwise I wouldn't do it. need to do it anyway as his NW/GF (new woman) is driving them insane!! Watch this space..... hoping that dropping maintenance 9 days before Xmas won't go in his favour! Just more hassle I really don't need!

OP posts:
SingleMum01 · 04/12/2009 20:17

Hope you don't mind me butting in. My XH has paid be 4 months maintenance over the last year - he walked out of a job and says he hasn't been earning, although I suspect he has. I had a court order when we divorced 5 years ago. Has he got to pay it then or go back to court?

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