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I applied at the beginning of this year (2012) to Leicester Magistrates Court for a variation to a consent order in force since 2003. I asked that the current amount payable monthly for my son, £550 ( +£50 to clear arrears for payment I withheld during 2011), be reduced to £150 monthly because I am currently unemployed and my sole income is from a company pension.
On previous occasions of unemployment I have successfully and in agreement with my ex-wife reduced the payments to this amount.
The payment to clear arrears (now totalling £6.5k) was awarded at a hearing following the receipt of a summons from the Magistrates Court in December 2011. They awarded the sum of £50 per month to clear the arrears as the Court sympathetically balanced my income against outgoings and realised I could not afford to clear the arrears by a lump sum.
They also instructed me to re-instate the £500 payment - making a total of £550 per month which I could not (and still cant) afford. However the Court (they said) had no jurisdiction to vary the order as I had not applied for this. I therefore immediately applied for a hearing which only took place this week.
I demonstrated at this weeks hearing in Leicester (with evidence) that my income was still £600 lower than my monthly outgoings - including the £550 maintenance. Thus even paying NO maintenance makes thing tight for me.
I live temporarily in rented accommodation and I have savings approximating £200k which I am using in full to purchase a modest 3 bed bungalow in September this year (we have exchanged contracts) together with a mortgage (try getting a mortgage at my age with my financial position!). My partner has no income at all so our living costs are met by myself.
The court felt that as I had these savings I should clear the arrears of £6.5k in total within 28 days, and continue to make payments of £500 per month until next summer when my son finishes his education.
The question I pose is in 2 parts. As I applied to solely vary the order can the hearing this week 'overule' the very fair decision made by the Derby court last year regarding the arrears? Is it legitimate business for MY hearing - no application has been made by my ex-wife for clearance of the arrears!
Secondly in not varying the order I am in effect bankrupted by over £600 per month - even though my pension income is just £25k per annum at the present. This together with the payment of arrears means I can barely afford to buy my bungalow (having exchanged contracts I cannot withdraw from this), and will have NO savings left - which I have historically used monthly to pay the maintenance. I cannot work for the foreseeable future for medical reasons.
I feel I should appeal on these 2 issues but this will take time of course. Can I withhold any payments (particularly the arrears) once I have lodged my appeal?
Sorry for the long drawn out question hopefully some legal eagle could help me - I will ring the CSA hotline next week but any other supporting advice would be very welcome!
I have instigated a month ago to transfer maintenance to the CSA at a rate they estimate will be approx £280 per month and the CSA confirm that once in place (due 31st July) the consent order lapses. This will at least mitigate my monthly costs to a reasonable amount for from August onwards.
However they say that all/any arrears WILL have to be settled with the court . The CSA do not 'inherit' arrears.
Hi
I'll ask the CCCS if they are able to assist in the financial side, but I think you may need a specialist lawyer to assist with this - however, if the court has ordered that you pay arrears, then under no circumstances should you stop paying as the courts will view the very badly, you would need to have the order varied.
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