Hi, thank you for your question. Firstly you should add up the arrears and write to him with a final demand to settle arrears and to comply with the court order. If he fails to do this you should apply to court to enforce the order and seek thr arrears. This can be done using form D50K and a £155 court fee. If his non-compliance is unreasonable the court can also order a costs order to pay your legal fees on conclusion but there is no guarantee that the couet will make a costs order.
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The court would not agree to leave it as it is and it may be the case that he would seek to apply to vary the maintenance if his financial circumstances have drastically changed.
Unreasonable non-compliance, as an example, would be if he just unilaterally stopped paying without any reason. If his income has only just changed and he has had no time to formally apply to vary the order then that would be reasonable. In any event, he would continue to be liable for the amounts until a formal variation order is made and the court will need full disclosure of his change of financial position and financial documents. There will therefore be liability for any arrears he has accumulated.
He is liable to pay what is stated in the order until a court varies it and is not his decision whether he should pay less or not.
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