Non payment of maintenance

[SingleMum01]

Bit of advice please. My XH (not particularly a worker more of a shirker) He's been in and out of jobs, ie, left a job in Nov 08 so stopped maintenance. Started another job in May 09 and left it again in Aug 09. He paid some maintenance during those months but it then stopped again. He has a job in advertising from Nov 09, although he says he doesn't get a salary only a bit of commission (although I think he's considering leaving this now). He also does disco's (dj) and i think he's on income support. I don't know what income he has as he won't say and I can't prove it as he's self employed. He says he can't afford any maintenance. I think this is partly down to him being crap with money.

He won't to mundane normal jobs as he sees himself as above that - he was well known in the local area. Whereas if I lost my job I would take anything to pay the bills as I'd have to.

When we divorced there was a consent order for him to pay £200 a mth - at that time he was on a good salary. Whilst he was in that job, the money was never reviewed each year although I did ask.

Is he still required to pay it as there was a court consent order. What are my rights 'cos I think he's taking the piss now.

anyone?

"If you fall into arrears of Child Support or maintenance ordered by the court, the consequences could be very serious. So it's really important to sort out these debts before you deal with other debts you might have like credit card or catalogue debts, loans or overdrafts.
This fact sheet tells you what can happen if you get into arrears of Child Support or maintenance ordered by the court."
"Maintenance ordered by the court
When the court first decided how much maintenance you must pay, it took into account your income and outgoings. However, your financial circumstances may change. For example, you may get ill or lose your job, or be in a relationship with someone else and have more children. If your circumstances change and you can no longer afford the amounts ordered by the court, you can apply to the same court to change (vary) the order. You should send a copy of your budget sheet with your application to vary the order. You will have to pay a fee to make your application but this could be reduced or waived if you?re on a low income.
If you get into arrears, the court can order you to attend a court hearing called a means enquiry hearing. They will look at your financial circumstances and will take one of the following actions depending on your circumstances:
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write off (remit) the arrears, if they are satisfied that you have good reasons for falling into arrears and can't afford to pay
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order you to pay the arrears by direct debit or standing order
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instruct bailiffs to go to your home and take your belongings away. They will be sold to pay off your arrears
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order your employer to make deductions from your wages.
If you are ordered to attend a means enquiry hearing, you should get advice."

Thats advice from the CAB

HTH a little.

If he's on income support then he will be liable for the standard £5 a week. I very much doubt a court will expect him to keep up a £200 per month order which was made when he was in full employment and now he is officially jobless.

The fact he's got a cash in hand job is not really going to factor into this unless you can prove it cos he will simply deny he has this.

The self employed are the bane of the CSA's life and often they will simply just give up. In this case I doubt they will even be bothered to look deeper than "Oh yes he's on income support, here's £5."

To be blunt I think your going to be banging your head against the proverbial wall.

Thanks Niceguy2 - that's exactly how I feel and really is it worth it for £5