Many thanks for setting up such a great website to assist those in need.
As of date, my ex-husband has defaulted 6 months (from Jan to Jun 2014) of maintenance to our daughter ($350/month) and myself ($100/month) due to unpaid medical leave from a road traffic accident which I am unsure of how long his medical leave was.
I fully understand his situation that his medical leave was unpaid, thus, resulting in lesser income received even if he is under employment/joint partnership with his friends in an event company.
Almost every month, I have to remind him to transfer the amount to my bank account and our daughter’s CDA account accordingly. But for the past 6 months, it is always the same reason (due to his medical leave which resulted him with no income).
However, upon returning back to his job he said that he is still unable to provide the maintenance amount due to commitments (car, bank and other backdated bills).
As much as I would like to sympathize with him for the unpaid medical leave, our daughter’s monthly childcare fees solely is $577.40 after the government subsidy under “working mother”.
By not providing the maintenance as stated in the final court order, I am indeed struggling currently to maintain the childcare fees and basic household expenses and this has caused me tremendous stress level over the necessary expenses.
To lessen the financial burden, I have chose to work on weekends starting from this month, as our daughter is at his place over the weekends.
I have considered filing this case to family court, but I am afraid that the court will decrease the amount he has to provide for maintenance. Could you please advise on the proceedings required and if it is possible that the court will decrease the amount?
Thank you for your time.
Thanks for your mail.
If I know correctly and I am not a lawyer, you can file for maintenance arrears through the family court online.
Just google family court/maintenance arrears and you should get there.
In fact, its a criminal offence not to pay maintenance when you lodge a complaint in court.
Your husband seems to be dragging his feet over defaulted maintenance payment even though he is working already and you have been most accommodating to his need.
Its difficult to file for downward variation unless he has proof that he suffers from a decrease in pay or that you have over-claim initially.
On another note, can we provide you someone to talk to as I see that you are rather distressed.
We also seek your permission to publish your mail on our blog so that others can be encouraged.
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