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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex husband is Breaching a County Court Order by now

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My ex husband is Breaching a County Court Order by now refusing to pay Spousal Maintenance. The Court Ordered that he pay this money for my life time or until I remarry
He states that he will not pay any more as I am now 'co habiting'.
My ex Retired from the Police at the rank of Chief Supt and the court recognised that I had been instrumental in his rise through the ranks by forfeiting any career aspirations of my own by running the family home and raising and looking after the four children we have between us.
The Court ordered a Pension Sharing arrangement that has meant that I will have waited approximately 12 years before I get my 19% Share of his ex has recently ran, (unsuccessfully), as the Conservative candidate for the West Yorkshire Police and Crime Commissioner so I am sure that I will be able to find his address.
I also know that he is in receipt of £1000 per month in rental payments from the house that he owns, (no mortgage), whilst he lives with his fiancé.
Please advise as he best way forward for me.
Many thanks.

Hi, thank you for your question. If the order makes no provision for spousal maintenance to stop upon your cohabitation with a new partner, then your ex-husband is breaching the order and he will be liable for the arrears that he is accumulating.

I would suggest that you make an urgent application to court for enforcement of the order. This can be done using form D50K and a £155 court fee. The application is to court for enforcement by such method of enforcement the court may consider appropriate. This can be as an attachment to earnings, charging order or any other method to settle the issue.

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