• Rose and Rose Solicitors

Recalcitrant ex-husband discovers why court orders must be obeyed

It is inevitable that those in receipt of court orders often consider them to be unjust – but that is never an excuse for failing to obey them. The High Court made that point in imposing a suspended prison sentence on a recalcitrant divorcee who took it upon himself to reduce his child maintenance payments.

Under a previous court order, he was required to pay his ex-wife a lump sum of £13,500 to cover arrears of child maintenance, £1,150 in monthly maintenance for his eight-year-old daughter and to contribute £5,500 towards his ex-wife's legal costs. Despite having had substantial income and assets when the order was made, he had only partially met those obligations and had unilaterally decreased the amount of child maintenance, which had fallen more than £4,000 into arrears as a result.

The Court imposed a 14-day prison sentence, but suspended the term for 28 days to give him an opportunity to pay all outstanding sums.

If your ex-partner fails to adhere to the rulings of the court – for example as regards maintenance or access to children, we can assist you to make sure the situation is resolved.

Contact us for advice on any aspect of family law.

Please note we are unable to offer legal aid.