A mother-of-three sought to have her former husband jailed over his failure to pay her rent and their children's school fees.

Melanie Olu-Williams said trying to get cash from the businessman was 'like getting blood out of a stone' and accused him of constantly breaking promises he makes in court.

But Oscar Olu-Williams maintained at a High Court hearing in London that he had always attempted to live up to his obligations and his barrister said it was a 'can't pay', not a 'won't pay', case.

Mrs Olu-Williams claimed he has an income of about £100,000 a year and had failed to abide by his promises to support her and their three children, so should be jailed for contempt of court.

Melanie Olu-Williams (pictured) sought to have her former husband jailed over his failure to pay her rent and their children's school fees

'He promises to pay when we are in court and then when we leave court everything changes', she said.

'It's like trying to get blood out of a stone with this man. You wouldn't like to see my bank account because there's nothing in it.'

But Mr Olu-Williams, 62, who has legal aid, said he was no business mogul, instead being heavily indebted.

He said work was 'sporadic' and he was currently in such dire straits he owes £30,000 in rent on his Fulham flat, not to mention other liabilities.

He admits breaching court orders but the judge dismissed any suggestion that he would be jailed.

On Thursday, Mr Olu-Williams, a former HSBC banker, was pressed on his business interests. He said he had investment problems in Turkey and added that even during his marriage the couple would go through periods when 'there was a lot of cash available… and then periods when there was a fall away of cash'.

Melanie Olu-Williams said trying to get cash from Oscar Olu-Williams (pictured) was 'like getting blood out of a stone'

'It wasn't always roses, far from it', he said, claiming that he had struggled with debt throughout the couple's time together.

The court was told that in good times the family had an annual expenditure of £250,000, a £4million home in Imperial Wharf, south-west London, and spent long periods in the South of France and near Lake Como in Italy.

The couple's three children all attend prominent private schools but the hearing was told that Mr Olu-Williams consistently failed to pay the fees, defying court orders.

This led to his ex-wife being sued and having her car repossessed.

He is also obliged to pay the rent on the home of his ex-wife and children in Tadworth, Surrey, but she said he owes more than £7,000 in payments and she fears eviction.

The court heard the pair divorced four years ago after a 16-year marriage.

Mrs Olu-Williams, who is in her 50s, accuses her ex-husband of failing to hand over information about his financial interests, some of which are said to be in Sierra Leone, where his family originate.

Mr Olu-Williams, who complained of receiving abusive emails from his ex-wife, has already admitted breaching orders over declaring financial matters.

He also admits failing to come up with money for school fees and rent, but says his financial circumstances meant it was unavoidable.

His barrister, Michael Horton, told Mr Justice Williams the application should be dismissed.

'This is an abuse of process', he said. 'Where he is in breach of orders, it is because he is unable to pay. This is a 'can't pay', not a 'won't pay', case.'

The judge dismissed nine out of 12 complaints made by Mrs Olu-Williams because of 'procedural defects'.

He said her ex-husband's breaches of orders were contempt but they were 'not sufficiently serious' to warrant jailing him. There will be a hearing later in the year to examine his finances.