I'm being impatient but wondered if you could help?

RVT2

Hi

My ex-h has been paying maintenance every week since we divorced 4 years ago. He pays less than the Consent Order detailed but that was lowered by mutual agreement as he said he couldn't afford it any more. My Solicitor has also recently told me Consent Orders are only enforceable for the first 12 months anyway (bit confused on that one).

My ex's mental health has not been good, and he has chosen not to see our children for months at a time, but has recently taken me to court saying I was denying him access to them. Bizarre, but he's not a well man.

He was due to pay maintenance 2 days ago - by bank transfer. It's not gone in. I think he's stopped the direct debit/standing order. I've left a message for my solicitor but he is not in until tomorrow.

Should I be contacting the CSA at this point or wait it out to see if he pays next week?

Contacting my ex directly is not an option.

NotSuchASmugMarriedNow

I would contact the CSA as soon as I knew the transfer hadn't gone in. They should contact (or attempt to contact) your ex and find out what has gone wrong.

Why do you think your ex has stopped the standing order?

RVT2

Hi

I think because he's ill plus he's accused me in the past of 'living it up' on benefits and he resents giving me money.

I don't work because 2 of my children are disabled and caring for them at night is draining. Over the past 2 nights for example, I managed less than 4 hours of sleep each night. He seems to think I'm living the life of riley when in reality, it's a nightmare. Over the past 3 years I've had to attend over 200+ hospital appointments with them.

kevin137

I am guessing that by consent order you mean a court ordered consent order, or similar if that makes sense, and not by way of the CSA...

If you haven't got a case open with the CSA, then call them and open one, they will contact him and the assessment will go from the day they do contact him not the day you contact them...

You need to be aware that it will be a straight percentage of his income, so if he has no income or messes about with jobs then you get nothing, so it is a balancing act to work out what suits you best...

Have a think about what you do 1st, and it may be better to wait to speak to your solicitor and take his advice... If you get a good lump regularly now you may regret a hasty decision...

RVT2

Thanks. I know I need to wait for my solicitor to ring back tomorrow really.

I'm just so wound up about the whole situation. I've struggled with the children for years, then all of a sudden he pulls the financial rug from under our feet.

Charming.

Hey ho. Onwards and upwards.

ETA: It was a court ordered consent order. CSA have never been involved.

kevin137

I am guessing it would still be enforceable unless it has passed an end date...

The only reason i can see for someone saying that it is only enforceable for a year is that 1 year and 1 day after the issuing of it, either party can opt to choose to use the CSA and then the order would cease on the day the CSA starts...

Otherwise i can see no reason it would not be.

RVT2

Update. I was advised to contact the CSA. I did and gave them my exs last known address, place of work, etc.

Today I get a letter from the CSA but it's to his employer and has been sent incorrectly to my home address, not his works address. Bit of a mix-up already then.

I guess I'll have to contact them on Monday to sort it out.

Sigh.