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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34282
Experience:  family solictor with 25 years experience
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I have a consent order dated Feb 2009 by which I had to pay

Customer Question

Hi
I have a consent order dated Feb 2009 by which I had to pay £900 pcm and all school fees until 2 children were 21 year sold
I was earning £75,000 +£30,000 bonus at the time.
In June 2009 i was made redundant, and since then have earned approx. £55,000 per annum on average.
My ex wife now wants me to ' repay' the monies due under the original order, despite having agreed to a reduction to £450 per month ( plus school fees) in early 2010
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

was the reduction agreed in writing?

Customer: replied 1 year ago.
No. But it has been in place since around January 2010.
I was made redundant in June 2009 and paid 3 months maintenance out of my redundancy money.
I got anew job in January 2010 at £40k pa and paid £600 PCM until I was made redundant again in Dec 2011 and set up my own business and started paying £450 PCM
Throughout all this time I have paid school fees approx £10k pa until 2013 and then £30k pad or 2014-15
Customer: replied 1 year ago.
My current pay is approx £5000 PCM and one child is now at university( I pay £360 month for accommodation and £225 expenses)
The other is 16 and I pay my ex wife £225 per month. He lives with me 50% time
Expert:  Clare replied 1 year ago.

What is your ex's financial position?

Customer: replied 1 year ago.
She works 26 hours a week as s physio gor the NHS. She does this in order to collect tax credits. She gets pad approx £2000 per month and her live with n boyfriend £500
Expert:  Clare replied 1 year ago.

is this child maintenance only?

Customer: replied 1 year ago.
child make maintenance only. There is no spousal maintenance
Expert:  Clare replied 1 year ago.

Are you happy with the amount that you are currently paying?

Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

Technically you should have applied to the court for a downward variation when your income went down, then no arrears would have accrued.

It is not too late to apply even now - although you may wait to see whether your ex attempts to enforce the Order.

If she does your ex will need the permission of the court to enforce any arrears over 12 months old and given the fact that she agreed to the reduction it is highly unlikely that the court would agree.

I hope that this is of assistance - please ask if you need further details