Ex-spouse initiating legal action for non-observance of court order after 14 years

[Tired2024]

My situation is as follows:

- Divorced in 2010, Consent Order in place, paid conscientiously and fully (in my interpretation of the Consent Order) for 14 years and counting
- Ex-spouse has continuously complained that in her opinion I do not pay enough and don't live up to the terms of the Order. I have explained my calculations on several occasions, but she won't agree
- Two children from this marriage are now adults. I continue to support them at 10% of my net salary until they complete their first University degree
- All payments are up to date, as per my calculations

My ex-spouse has now engaged a solicitor who is asking me to submit a full disclosure of my pay slips (for the past 14 years since divorce), my assets, as well as my current spouse's income and assets. The solicitor threatens that they will take this to court if I don't comply.

Questions I need advice on:

- Am I obliged to submit to a full disclosure if in my view I am fully complying with the Consent Order? Without them having gone to court?
- Doesn't my ex-spouse need a special permission from the Court to look into what she claims is historical underpayment for 14 years?
- How likely is a Court to grant this permission? Don't they usually limit the consideration of arrears to 12 months?

Many thanks indeed.

 

[Roblox]

Hi

Yeah I wouldn't do any of this. Did you get a clean break when the divorce happened (aside from what was agreed in the order).

There's certainly no obligation to share your current spouses details. I'm surprised they've been cheeky enough to ask.

I think you need to get some legal advice before doing anything here.

 

[Tired2024]

Hi

Yeah I wouldn't do any of this. Did you get a clean break when the divorce happened (aside from what was agreed in the order).

There's certainly no obligation to share your current spouses details. I'm surprised they've been cheeky enough to ask.

I think you need to get some legal advice before doing anything here.

Thanks @Roblox - no, there was no clean break, as I couldn't afford it at the time and also I was concerned she would block access to the children after a clean break. She got a signficant lump sum out of the sale of the marital home and I gave her a 100% pension sharing order. I am reaching out for legal advice but it is prohibitively expensive...

 

[Peanut 21]

A solicitor can threaten all they like but only a judge can make an order.

If you have the evidence that you've paid the correct amount I find it unlikely a judge will be interested. Seeing as your children are now at uni.
Also, surely a judge will ask why the ex is only demanding this now.

If she wants to take you to court, let her. Ignore the solicitor letter.
They have no power over you.

 

[Peanut 21]

Actually I've changed my mind.
Don't rush to respond to the letter.
You can send a letter in response saying something like:

Dear solicitor,
In reference to your letter dated xxxx, please could you provide evidence I have not been paying the correct amount of child maintenance to your client?

Kind Regards

Xxxxx

The onus is on your ex to prove you haven't been paying enough.
Let her pay the solicitors fees for their time and writing letters. They want the payslips etc. Why should you do the leg work.