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TOPIC: Spousal Maintenance Variation application

Spousal Maintenance Variation application 5 years 5 months ago #46825

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I need the advice of someone who has been where I am heading.

I am divorced and have been paying as per my court order for the last 4 years. I have never missed a payment. I was paying over £2k per month

2 years ago I was made redundant, I had a very well paid job. I decided to set up my own business, to allow me to see the kids more and have more certainty on my future. Its not working out and i have been using my savings to cover my costs and meet my payments. I haven't missed any payments

- Last Sept I applied to the CMS to review my payments. They thankfully reduced my payments.

- I have tried to speak to my ex about reducing my spousal and capital payments but she just says its due so pay.

- Last month my income £660. my spousal payments are currently £1,290 before my Child Maintenance payments.

- I also had capital payments awarded against me ( £4k per year for 15 years ) in lieu of a percentage of my employed bonuses ( was a good idea when I was employed as I was confident the bonus would be bigger than the award )

I need to apply for a variation order. To save costs I want to represent myself. Is this a a good idea? I am hopeful that my payments would go down to reflect my current income, but fear that my savings ( deposit for a house as moved to rented ) will be used against me and awarded to her.

Does anyone have experience on how the courts act when it comes to savings - and what they do with capital payment everything I have read tells me its lucky dip?

thanks

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Spousal Maintenance Variation application 5 years 5 months ago #46830

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I think your best option is to get a free consultation with a family lawyer - spousal maintenance isn't something we have a great deal of knowledge of on here, and the CCLC can't advise on such matters. You could also have a word with the Citizens Advice Bureau. I can see the advantage of self rep (after all, we advise people consider it often enough on here for childrens cases) so I don't see that it should be too onerous - might also be worth a look at this site - www.wikivorce.com/divorce/
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Spousal Maintenance Variation application 5 years 5 months ago #46838

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Thanks for your reply

I will do that. Having gone through the mill on most things alone, thought I'd use these types of forums to get advice help. I have to say just posting and getting a response reminds me its not just me that seems to have a shitty time.

Thanks again for replying.

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Spousal Maintenance Variation application 5 years 5 months ago #46839

Hi, Your circumstances have certainly changed & it can be proven to the courts that it is not deliberate ploy by you to withhold finances from your ex.

I would apply to vary the order & given the information above I think you can certainly DIY - your know your numbers/ case better than anyone else.

Good Luck & get it through the courts ASAP...speak to CAB about asking courts to review backdated maintenance payments.
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Spousal Maintenance Variation application 2 weeks 5 days ago #102585

Hi
Can you get overpayments claimed back
I was over paying by £1000 per month on my income (my lawyers fault(back room deal)
It was reduced but no mention of being able to claim back overpayments
I got done on my profits in my company for two years but since found out this is not guaranteed so cannot be included

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