Re:Bankruptcy with court order in place

Hello,
My ex has been ordered by way of AOE order to pay CM, SM, arrears (+costs outside of the AOE) in regard to ignoring past court orders.
He is now saying he is going declare himself bankrupt.
Ques: How can someone who is earning over £8,000 net per month still go bankrupt and why?
Is he trying to get out of costs? If so a high price to pay.
How would it affect the house. He has refused several times to sign
a new mortgage contract, meaning we are paying a very high rate of interest. That could be cut if he would sign new documents.
In the first order he has no claim on any profit made from the house if sold. As he took a higher percentage of our savings.
He claims I am the highest creditor so the trustee will be in touch with me.
Although he was ordered to pay costs, he was supposed to pay me then I pay the solicitors. As he has not paid it seems i am liable for those costs which are over £20,000 now plus interest. Of course I do not have that kind of money. Can the solicitors go after him for those monies.
How can I stop this process from happening?

The legal position is this - lump sum and costs orders made in divorce proceedings are proveable in bankruptcy. This means that you are a creditor in the bankruptcy and entitled to a dividend from the Trustee if there is one. However, unlike most other debts, if these are not paid in full in the bankruptcy, you are entitled to claim the balance from him after he is discharged from bankruptcy.

Maintenance is not proveable in bankruptcy. You wouldn't be a creditor so you could still attach his earnings. At the end of the bankruptcy, he is still liable for any arrears, subject to the usual caveat that the court won't enforce arrears older than 12 months without an exceptional reason.

Someone is bankrupt if they can't meet their debts as and when they fall due. So you can have a high income but if your debts are even higher, you can't service them from your income and you are bankrupt.

No, your solicitor can't get the money direct from him. The law is very fussy about this. They have no direct recourse to him unfortunately and can only go through you.

As far as the house is concerned, is there an order for him to transfer the house to you or is there an order for sale?

Thanks for info.
Ex has now applied for bankruptcy and on the same day, he also applied to vary downwards, FDR set for hearing in April.
Thankfully bankruptcy was not given on spot, adjourned for further evidence.
Ques: The new order has only been in place a few months and there is a court date for further consideration end of month (due to the fact ex keeps either not paying or not paying in full, as said only weeks before, order had been put on AOE order).
Can someone apply to vary downwards again if an order is still live. What will the judge think of some one putting another variation downwards so soon.
How can I stop ex from been declared bankrupt, as this is a ploy for him to come off mortgage and our family home will have to be sold. Also to push costs which was ordered to be paid by him, past back to me. Which the solicitors have made very clear need to be be paid.
He is still employed.
Can I ask for shares which are in a SIPP to be sold?
Thanks in advance.