Comments on: What to do when your ex stops child maintenance

By: Jones Myers

Jones Myers — Thu, 13 Feb 2020 15:10:44 +0000

Thank you for your query. We advise you immediately contact your ex-wife and explain the situation seeking her agreement to suspend payments. If she is agreeable you may apply to the court for a variation by consent. In the event that there is no response or agreement, then your partner will need to apply to the court for a variation downwards of the order. Action should be taken as quickly as possible as there remains in place an order of the court. Please note we cannot be responsible for any problems which may arise unless we have the opportunity of a detailed discussion in regard to all the facts and the action which is required. We are making general observations only from the limited facts available. We advise that you seek a short appointment with a solicitor who is a member of Resolution. Alternatively, you can contact us for an appointment at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit http://www.jonesmyers.co.uk, email info@jonesmyers.co.uk

By: Jones Myers

Jones Myers — Sun, 09 Feb 2020 18:06:00 +0000

In reply to Caroline.

Thank you for submitting your question. The CMS should seek proof of unemployment and the reason. Is it possible for you to make some enquiries to establish if your ex is still in employment? You can submit that information to the CMS who should enforce any arrears. Please note we cannot be responsible for any problems which may arise unless we have the opportunity of a detailed discussion in regard to all the facts and the action which is required. We are making general observations only from the limited facts available. It would be in your best interest to seek a short appointment with a solicitor who is a member of Resolution. Please feel free to call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. You can also email info@jonesmyers.co.uk

By: Caroline

Caroline — Sun, 05 Jan 2020 22:42:14 +0000

Hi. I had a direct pay set up with cms from 2018, previous to that it was family based and payments stopped unannounced hence contacting cms… payments were made and the amount went up in the annual review but my ex continued to pay the amount he was paying before until i contacted cms. when the amount went up again because my ex was earning a considerable amount he requested for a MR as he said he couldn’t afford it and his wage had gone up because of overtime and a company car??
The MR got rejected and he was told he had to pay what they calculated was right for him to pay, which he refused and has now told cms he has stopped working and payments have stopped completely. I have a mortgage and bills to pay with 3 children to feed. I work part time as I cant afford childcare and have no support around me. I dont know what to do?!

By: Felicity bell

Felicity bell — Sun, 27 Oct 2019 02:41:10 +0000

Hi really hoping you can help. My partner got divorced last year. He has bipolar disorder and unfortunately can no longer work. He is supposed to pay £150 a week to his ex wife but as he is now on benefits this is impossible. What can we do to get the consent order changed or get rid of it? Where do we stand in terms of not being able to pay?

By: David Gatehouse

David Gatehouse — Thu, 11 Apr 2019 16:48:41 +0000

In reply to Judith Costa.

Dear Judith – thank you for contacting us re your case. While the court can enforce orders, the enforcement would be required in Thailand which would be expensive. In all probability the consent order would need to be registered in the equivalent Thailand court. Thereafter the enforcement process would be invoked.

If your ex-husband worked for an English company then an attachment to his salary might be possible. The problem of enforcing abroad is that it is procedurally difficult and disproportionately expensive.

Have you considered finding a lawyer in Thailand to seek advice as the courts there may take a serious view of defaulting in child maintenance?

By: Judith Costa

Judith Costa — Thu, 10 Jan 2019 11:07:12 +0000

Hi.
My ex husband has quartered the amount he is supposed to pay in child maintenance originally agreed via a consent order. He says he hasn’t been working for ‘along time’.
He resides most of the time in Thailand and comes back to the UK about 3 times a year to see our son and his parents. He is very incommunicative with me.
I have tried to be patient with him but I strongly suspect he is lying and hiding money.
It is making my financial situation very difficult as my son is now 15.
I have told him I will have to log a breach with the court, but don’t know if the court will have any powers to enforce the order.
Any advice?

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