In a recent case, a former husband was given a four week suspended sentence for refusing to pay his divorce settlement and maintenance to his ex wife and four children. The facts of the case were unusual in that this was a high value case involving a multi-million pound settlement. The former husband was alleged to have failed to pay a £17.5m settlement and £360,000 in unpaid maintenance, so the stakes were high.
The High Court found that he had 'willfully refused or neglected' to pay the maintenance and the sanction was a jail sentence.
Whilst the sums involved and the facts of the case are extreme, they do underline the importance of not taking the law into your own hands if you feel that an award made in a divorce case is unjust or incorrect. It is important to ensure that payments continue to be made to avoid the courts taking action which may lead to a criminal record. Obtaining advice from a divorce specialist is an important step and in the long run will be money well spent.
For advice on this and all family related issues contact us.