We had to go through all our finances when my ex husband put in an application to revise maintenance payment and the judge looked at his financial position and assets and made an order on that basis, however my ex husband said he still cannot afford to pay me what the judge ordered. My ex husband has a property with not much equity and everything else is negligible.
I think my only option is to put in an application for enforcement even though it is a small sum, alternately my ex husband will put in an application to revise the maintenance again. Perhaps if you could advise me on following the procedure of making an application and enforcement, the forms I need and the process I would be most grateful, but I would like your comments on my position at the moment. If I am going to seek enforcement I would like to do so as soon as possible before my ex husband puts in an application again to vary.
Just very little equity in the house, probably enough to recover the amount of that is owed through enforcement.
He says he is earning £15k less than he did when the order was granted and I know that he can manipulate his income. What I want to know from you is....
1) What action can I take to recover the arrears of maintenance that has not been paid and what is the process
2) What action can I take to enforce the backdated arrears that the judge awarded me and what is the process
3) What action can I take to recover costs that the judge awarded me?
4) I want maintenance to continue after the children finish school and until they have finished university which was agreed in the original and last court order, my ex husband says he is handing over to CSA for the standard obligations but can I ask the judge for this to be continued and would it then be added on to spousal maintenance?
Explain to me the different options of enforcement ie D50k or N327/337 or any other information, can you explain the process and what can I expect to achieve if an application has been made to the court and the process.
I cannot completed any surveys until I feel I have been given the information I have requested. Regardless of the income and equity there is a court process in place for enforcement and if you can explain to me the above I can take it from there. If enforcement is rejected by the judge what is the next process?
He says his income is in the region of £31k but I expect he has kept it below the £36k level if this affects the CSA issue. It can probably be proven he earns slightly more but has hiked up his tax liability. When the order was granted in November 2012 the order was based on his net income being £47k
In case you did not get this reply.....
He says his income is in the region of £31k but I expect he has kept it below the £36k level if this affects the CSA issue. It can probably be proven he earns slightly more but has hiked up his tax liability. When the order was granted in November 2012 the order was based on his net income being £47k. I think you may have enough information now to advise me adequately!
Also how is the £3k a month relevant to the CSA issue?