ATtachment of earnings and losing your job

Hi - per previous posts, my husbands ex wife is pursuing him for an attachment of earnings order for child maintenance. He has applied for a variation to CM as he has had a significant drop in earnings.

Does anyone know whether the court will take into account in an AOE hearing that my husband will likely lose his job if an attachment is ordered because of security clearance he needs for his job and the fact he works in a regulated industry?

Thank you DD

If there are arrears of CM, has your husband considered directly approaching his ex with a plan for payment of these which he can actually stick to.
It became necessary for me to apply for an attachment of earning order for maintenance arrears which were factored into my household budget. Their non-payment caused serious problems for my children and myself.

From the information you provide, it seems possible that the AOE route is a last resort for your husbands'' ex which she would not have chosen if not pushed to.

Apologies if this does not appear to be helpful. I really feel for all who are experiencing the stress of divorce and financial agreements - not to mention the cost.

Thank you for this. There are no arrears. My husband is seeking a variation downwards for CM as he has been forced to change his job and is currently paying 43% of his salary in CM. the ex wife is threatening an AoE when we are finally no longer able to pay her the full amount. My husband has offered to reduce CM to 30% of his salary (still £750/ month above CMS level). We are literally not able to pay the 43% and hence the seeking variation.
The ex wife has remarried, owns three houses and doesn''t work so I''m not sure this is about need! This said, given the nature of my husbands job there is a likelihood that he would lose his job if he is subject to an AoE. I guess that where I come from I would rather have 30% of something than 30% of the nothing that she will receive when he loses his job. I just wondered if the courts factor this type of thing into their decision making.

I agree that the ongoing stress of divorce is very hard and like you you my heart goes out to everyone.

Thank you DD

Maybe the first option is to try and get your husband to try and negotiate with her - why do you say your husband would lose his job if there was an AEO on him? If that''s the case maybe he could show his ex something I writing to prove that and explain if she proceeded he would lose his job and she would get nothing. I didn''t realise that people could be sacked for having an AEO on them?
The other option is when was the court order made? because I think in certain circumstances he could go direct to CMS and ask to go through them for CM payments and they can over rule the court order? I''m not certain and hopefully someone else would tell you correctly but if the order was made over a year ago I think you can go direct through CMS and then the payment would be lowered in line with the correct rates? Best look into it though or ask the question on here someone will tell you how to do it.
Just to note if she did apply for an AEO your husband would have a protected earnings rate set - which is a monthly amount he would need to live on and his ex would get whatever is left over above this amount up to the required amount - the owing amount would be carried forward to the next month. He would have to let the court know his monthly expenditure then they would set the protected earnings rate. So at least the court would ensure he has enough money to pay mortgage, bills etc...