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Hi,
Can anyone help/advise please?
My partner has an child with his ex. A long time ago it was written into their court order that he had finance the travel for the mother to collect the child for access.
My partner was working and earning a good wage, this has now changed and we are in receipt of benefits and therefore can no longer afford to give the ex this money.
We have been advised that our options are:
Apply to the court to vary the order - if we cant afford £30 how can we afford to go to court?!!
Stop paying and let ex know - which will look bad on us in court later in the year
Carry on paying and discuss in court later in year - We physically cannot afford to pay her.
The benefits WE receive are for US to live on. The childs benefit is for her to "live on" therefore there is no surplus.
How can we be "forced" into this position? How can it be right that we have to continue to pay her even though this money is the bare minimum provided for a couple to live on?
How would it appear to a judge that we stopped paying? Would he/she see reason? I don't want to nark the judge off as my partner has successfully managed to get contact with mother reduced and really don't wanna do anything that makes us look bad or like we are withholding money....but truth is we can't afford it.
Any advice would be gratefully received thanks.
Hi and welcome,
I'm not 100% sure of how you should go about this, I'm guessing you have spoken to the ex and explained your situation?
I will see if I can get the legal team to drop in and see if they can advise for you.
Darren
Hi
The CCLC will go into detail, but as far as I am aware, you can apply to vary the court order, and by representing yourself, you avoid the legal costs, and since you are on benefits, you may well not have to pay the £200 application fee. I would say that as soon as you apply to court, you can justify stopping paying - but the CCLC will confirm.
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