How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33549
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

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: 5 months ago.
Category: Family Law
Expert:  Clare replied 5 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 5 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 5 months ago.

Does he have any other income at all?

How old is your son?

Customer: replied 5 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 5 months ago.

No forces pension?

Customer: replied 5 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 5 months ago.

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

Customer: replied 5 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 5 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 5 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 5 months ago.

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

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33549
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 5 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 5 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 5 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 5 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 5 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 5 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 5 months ago.
Ok that's handy to know than you .
Expert:  Clare replied 5 months ago.

Good luck

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters