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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am supposed to receive spousal maintenance of £200 per

Resolved Question:

Hi I am supposed to receive spousal maintenance of £200 per month. My ex husband does not pay it on time every month and it can range from being 1 day to 20 days late. In addition he has become self employed and now under declares his income to the CSA stating he earn 7250 for 10 months - he also doesn't pay this (child maintenance) very often - 4 payments in the last year. He is also due to pay costs of £368 by the 22nd of May but he won't do this either. The CSA set up a deduction to his earnings last year so he went self employed, he works as a criminal barrister. What do I need to do to enforce spousal maintenance and is there some ruling that can be made that if future payments are late then some type of enforcement is done? What paperwork do I need to do for the court order with the costs? Can I stop CSA payments and apply straight to the court for child maintenance?

I also read that i can apply to the court for financial disclosure before I make any applications for him to pay is that true?

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you appealed the CSA assessment?
Clare
Customer: replied 2 years ago.
Hi Clare, yes I have appealed the assessment but they have to go by what he says apparently and I have to prove he is lying. Although I'm not sure how unless the Appeals judge orders his chambers to provide evidence of what they have paid him.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
is he currently late on this months payment?
Clare
Customer: replied 2 years ago.
Yes it was due on the 20th I still haven't received it. The costs order of £381 is now over due. The child maintenance was due on the 1st that has not been paid either. This has gone on every month for the last year. He usually ignores any contact regarding payments. I have said I would look at taking him to court and claiming costs - that prompted a reply yesterday of 'you'll get it when I have it' but no clues as to when. I'm finding it exhausting every month
Expert:  Clare replied 2 years ago.
Hi
Since he is in arrears on the spouse maintenance and has a history of it you can make an immediate application for an Enforcement Order
I suggest that you use the option that allows the Court to decide how to enforce it
the form is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d050k-eng.pdf
With regard to the Costs order I suggest that you use a Judgement Summons (which could lead to imprisonment) the form is here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0865/D62.pdf
With regard to the CSA you cannot bypass them I am afraid - but I suggest that you challenge the assessment and say that you believe that he receives dividends as well as the money he declares
I hope that this is of assistance
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you

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