I can’t afford to pay court-ordered maintenance, what do I do?

 

We are all feeling the financial pinch at the moment. What should you do, if there is a court order that you pay your ex-spouse maintenance (either for themselves or the children), but you can no longer afford to pay it?

Don’t panic but don’t ignore it. Simply failing to pay the maintenance or reducing the amount paid without agreement, is breach of a court order and is likely to result in costly enforcement proceedings before the court.

Step 1:  Speak to your spouse

If you can, speak to your ex-spouse. Failing to pay the maintenance in full, or at all, will have a direct impact on them. It may be that you can agree a temporary arrangement, which we would urge you to record in writing and both sign.

Fiona Wilson, Head of Family Law 
Lawson-West Solicitors

 

Step 2:  Speak to a solicitor

If an agreement cannot be reached, then please speak with a solicitor as soon as possible.

We will be able to guide you on the options available to you – whether that be negotiating upon your behalf, making a referral to mediation or ultimately an application to the court.  Contact Us here and select 'Divorce and Family'.

Bring to the appointment evidence of your income, if it has reduced, evidence of why it has reduced and a schedule of your outgoings. These will all assist in the advice you will be given.

 

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