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My ex has continually made things difficult, thats a whole other story! However, I'm now due in court regarding HER maintence which I had to stop paying cause I couldnt afford it...Me and my new partner wrote her a letter setting out the reasons why I couldnt pay her £500 a month anymore (on top of CSA payments), as my barrister at the time of the financial court proceedings had told me that should my situation change (ie. my partner wasnt working anymore, we had a child or my Ex's situation changed - ALL these events have happened), that I would only be rquired to pay her a NOMINAL sum. I didnt have the funds to take it back to court, so wrote her this letter saying that could we please try and act like adults and sort it out ourselves...but I should have known better and she sent me a F*** off text and now Ive been summoned by the maintence court people for non payment!!! I'm terrified...I have no idea where I stand, if I can contest it in anyway or delay it or even if I actually need a solicitor - I would really appreciate if someone could offer me some advice???
Hi Jason,
The Court may consider two events from this. One is that if you can no longer afford these payments you should have made an application to the Court to have the order varied or cancelled. The other may be that the circumstances have changed to warrant a cancellation or reduction in the payments the Court will just make these changes.
Me personally i don't agree one iota with "alimony" or spousal maintenance as it is termed.
Hi..thanks for your comment.
Thats the problem tho, I havent had the money to take the spousal maintenance order back to court. She is now taking me through the Maintenance courts to get back the money I havent paid her....even though Ive explained to my ex that I cant pay her in my letter. I know the normal courts would look at the whole issue BUT this is purely the maintenance court and I'm not sure where I stand on this....the letter from them gives the indication that this appearance is purely to figure out how much I can pay her back NOT that I can disbute the original financial agreement in anyway!!! If I had any hair left, Id be pulling it out!!!
Hi Jason,
Not to worry, as with everything the Court cannot take what you simply have not got. However be aware that they can levy attachments against your future earnings. This is done on a percentage basis and the higher your earnings the higher the takings from them. Eg 5/7/12% the court will be able to advise of this.
While you may not be able to afford to take this matter back to Court at the moment its important that you call the Court, give any relevant reference numbers eg Financial Resolution or Divorce Case Number and you can ask the staff to give you information on what paths are open. They cannot give Legal advice but they can give information on what forms you need to complete should you wish to challenge these matters.
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