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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a court ordered spousal maintenance order with my ex

Resolved Question:

I have a court ordered spousal maintenance order with my ex husband, he is supposed to pay me £250 a month which he struggles with I agreed with him to reduce it to £200 a month, in July he paid £100 and in August he has paid nothing.
His circumstances have changed in that his new second wife is now not working, but the court orde was taken out before they were married.
Is there anything I can do or will it be a case of being told he can't pay what he hasn't got, he is up to his eyes in debts, but that's not really my problem I rely on his money to pay the rent.
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 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.

Looking only at HIS income - has it fallen since the Order was made?

Customer: replied 9 months ago.
No it was originally taken out on just his wages
Expert:  Clare replied 9 months ago.

How old are you both - and how much does he currently owe you in total?

Customer: replied 9 months ago.
I am 53 I will be 54 in September and he is 57 and will be 58 in September, the court order is to be paid until I am 60. He owes me £300 so far, but I fear that unless I do something soon he will just stop paying altogether, I have had no correspondence with him over this and not sure if I should contact him or not, I just wanted to know how I stand on this before I do contact him.
Expert:  Clare replied 9 months ago.

Is he employed or self employed?

Customer: replied 9 months ago.
He is employed
Expert:  Clare replied 9 months ago.

If his income remains the same then he has no excuse for reducing the amount that he pays you - let alone for missing payments altogether.

You can apply to enforce the Order.

You can either apply immediately to attach his earnings (so you are paid directly by his employers)

http://www.jordanpublishing.co.uk/system/redactor_assets/documents/739/N337.pdf

or you can let the Court decide by using this form

http://www.familylaw.co.uk/system/uploads/attachments/0002/0863/D50K.pdf

I hope that this is of assistance please ask if you need further dteails

Customer: replied 9 months ago.
Hello Clare thank you for your answer it was very useful, I emailed my ex husband and he said that he would resume payments but at a reduced rate of £100 rather than the £250 that he should pay. He said this is all he could afford and that if not then he would have to go to court.
My query is if I accept the £100 now would this jepodise any future claim I might have if I have to enforce the order?
Expert:  Clare replied 9 months ago.

Why do you want to accept it?

Customer: replied 9 months ago.
I'm concerned that if I don't accept the £100 then I may end up with nothing. He said his circumstances have changed and that he's changed his job twice since the agreement taking considerably less money each time. He has a lot of debt including a couple of ccj's he said that if I enforce the order then it would force us to go to court as he doesn't have the money available.
Expert:  Clare replied 9 months ago.

How much does he actually earn - is it less than he earned when the order was made?

Customer: replied 9 months ago.
I'm not sure what he earns but yes he says he is now earning considerably less
Expert:  Clare replied 9 months ago.

Then you say that you wish to see is P60 for the last two years.

If they prove that he income has reduced then you will agree to accept £100 a month.

If he will not show them then you enforce the full amount!

Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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