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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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The last month or so my ex husband has failed to pay

Customer Question

Hello,the last month or so my ex husband has failed to pay maintence on time which i get via standing order into my account. Originally he use to give me 250 which was reduced to 130 as when he left the army he moved up north and got a job at dominos while living at his parents rent free. In our divorce papers it stated that he can reduce payment to what ever we agree on amicably but is to go uo once he is to get a better job.
this has never happend and i never asked. this afternoon i have had a vile threatening text from him stating that i should appreciate that up till now he has paid on time and concidering he has our son for 3 weeks he could reduce payment. Where do i stand with this?
Submitted: 12 months ago.
Category: Family Law
Expert:  Clare replied 12 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Is this spouse or child maintenance?

How much does he earn?

Customer: replied 12 months ago.
Child maintenance , dan earns at the mommet 400 per month however the only out goings for him is runnning costs of his car, mobile phone and internet. He has made no effort to get a better job. I dont mind coming to some mutal agrement however i should not be made to feel i should be greatfull that he has our son which he has got him for 3 weeks out of the summer holidays. i work william our son lives with me and gose to school in surrey.
Expert:  Clare replied 12 months ago.

Does he have any other income at all?

How old is your son?

Customer: replied 12 months ago.
My little boy is 8 almost 9 , I'm not sure if he has any other income he's only told me he earns 400 pound so I can't be sure actually what he earns. All I know is he works for dominos pizza .
Expert:  Clare replied 12 months ago.

No forces pension?

Customer: replied 12 months ago.
No not that I'm a wear of as my ex husband is 34 , so don't think he get it yet also he asked to be made redundant it was at the time when the arm where making cut backs .
Expert:  Clare replied 12 months ago.

I have to ask - do you believe he is being honest about his earnings?

Customer: replied 12 months ago.
It has all been amicable up till now ! Apparently him and his girlfriend don't want to see any messages from unless it's to do with with William . But I've never discussed my life with him only ever to talk about William the only thing I've said over the last couple of days was chasing him for this money as it effects rent . He is seeing a theripist because he is classed as a sex addict as all through his adult life he has been messaging other girls and not in a friends term he has done this to current girlfriend but he was on the phone talking to me claiming he was a victim of domestic violence .. Again I fell for his lies .
Customer: replied 12 months ago.
I don't want to sling mud but I no he will if I take him to court and I'm worried I will loose my son
Customer: replied 12 months ago.
I no he's not on a big wage but I can't force him to show me his pay slip in not sure what to do ?
Expert:  Clare replied 12 months ago.

Was there actually a final financial order made within the divorce proceedings?

Clare and other Family Law Specialists are ready to help you
Customer: replied 12 months ago.
No there wasn't he paid for the divorce but no one asked any proof of my earnings or his
Expert:  Clare replied 12 months ago.

The problem that you face is that if his earnings are what you think they are his maintenance liability will be just 12% of his gross income - considerable less than he is paying now.

If you believe that he does not earn much then you may as well accept what he is paying you as and when.

However if there is any chance that he is earning more then you should apply to the CMS (old CSA) to do an assessment

Please ask if you need further details - and i am sorry that another expert accepted the telephone request.

Customer: replied 12 months ago.
Hi thank you,Yes I don't mind the amount of money I have emails csa because I think maybe if he's being difficult then it maybe best to do it all legally as I seem to can't trust him to sort it like a mature adult.
Expert:  Clare replied 12 months ago.

Sadly you will get less if he is being honest - but I am far from certain that he has told you the truth at all

Customer: replied 12 months ago.
Yeah .. The money amount I don't care so much it's just this control he thinks he has over me and the bullying . Also my divorce papers I never got a copy of the documents only the decree absolute can I just write to his solicitor or do I have to go through a solicitor ?
Expert:  Clare replied 12 months ago.

No you can deal with the matter yourself although in fact there is no need to ocntact them at all - just go straight to the CMS

Customer: replied 12 months ago.
Ok that's handy to know than you .
Expert:  Clare replied 12 months ago.

Good luck

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