My divorce was finalised in May 2019.
To put it mildly, it was not a nice divorce in any way and I've done all I can to keep things peaceful since then. However my ex is extremely difficult (without going into details, he's the worst kind of narcissist there is).
We had a solicitors and a formal
Consent Order agreed and signed. He agreed to 5 years of Global Maintenance Payments (which was to secure the
child maintenance payments, I only get £0.05 spousal as I wasn't after that), after which normal 'child maintenance' would resume. And he's made it clear that this will be reduced once it does in May 2024!
The Global Maintenance Payments are supposed to have increased annually in line with Retail Price Index. He refused to do this of course. He refuses to contribute to anything above this and he has no idea of the cost of 2 children. I literally pay for everything. With inflation being so high, if he does not increase the payments (which I know he won't) for the final year, he will effectively 'owe' me £3,000 in arrears. He already will owe me £1,232 by May 2023.
Things are so contentious between us I've nothing to lose by applying to court to enforce this increase and hopefully get the money he has owed me the past 4 years too by not increasing it.
Is court likely to agree to this?
Or will they not agree because I've left it so long? Will they thikn I'm being 'greedy' because he is paying the original payment amount still, just not applying the annual RPI increase.
I spent so much on my divorce and simply can't afford any more legal costs so I will need to do this myself.
I have googled and I believe I need to fill in a form D11 for this.
He is in Breach of Contract by not adhering to the annual RPI increase so I need to apply to court to enforce this?
I would never bother doing this if I didn't need the money.
Has anyone done this?
Can anyone help guide me through filling in the D11. Do I use the divorce case number and send to the same court?
Any advice would be most welcome.
Thank you