Consent order was agreed and finalised on 18th Nov 2009, soon after ex H
resigned from his job, he continued to pay maintenance SM & CM until this
month (feb).
He has decided that as his financial situation has
changed he would vary the court order himself.
I explained that
he has to go back to court to do this and until he does he has to abide by
the existing court order. He says he spoke to his solicitor and she said he
doesnt have to pay maintenance if he is unemployed.
But because
he resigned he is not entitled to any
benefits.
He now
says he cannot pay March maintenance, he has started another job and will
more than likely start paying again in April, however, part of the SM/CM is
that he has to pay 30% of any commissions he earns.
In December
he cleared 12K commission plus sold his Bentley GT car and now says he is
not going to pay this commission element because he paid it instead of
maintenance in Jan and Feb when he had no income.
I dont expect
him to pay all of the arrears in one lump sum as a schedule of paying back
the arrears would be acceptable, but he believes he is right......
SO I need to take him to court for maintenance arrears now or he will
just continue to do what he wants.
Q.. What or how do I word the
affidavit to the court as I cannot afford a Sol as the
divorce cost £37K!!! Which I still owe £25k
Any help would be
most appreciated.
Forum 
England and Wales 
