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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello,My wife and separated in 2009.As i was the major

Customer Question

Hello,
My wife and separated in 2009.

As i was the major breadwinner, with a salary of 40k+, i am more than happy to pay spousal maintenance to my x; as she also needs to look after her mother and run the home.
She bought me out of the marital home in 2010; which enabled me to get a deposit for a home etc.
Whilst earning this salary of 40k+, i am more than happy to keep paying a monthly spousal maintenance of £600.
My x earns around 12k as a carer; she needs this to pay off the 50k she borrowed to buy me out of the marital home and for her and her mothers normal home running costs.

However; there is now a good possibility that i may be made redundant as of 1st July.
Would i be able to claim spousal maintenance off my x wife? Though to be honest; it is very unlikely i would want to due the hassle.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to assist you but I need some further information first.
How old are you both?
Claire
Customer: replied 3 years ago.

Hello,


She is 55 and i am 56.


Our son is 30 and has been living away since he was 20.

Expert:  Clare replied 3 years ago.
Hi
Has there actually been a divorce?
Claire
Customer: replied 3 years ago.

Hello,


The Consent Order was completed in Dec; and a couple of weeks ago i had to provide a little more information for the Court. So hopefully soon the ABSOLUTE will be approved.


 


There was a delay; as the court has been sending letters addressed to me directly to the solicitors representing my x. Because it was an amicable separation; i decided not to have a solicitor, and the solicitors acting for my X did the paper etc.


Though i did speak to them last week as to why they were receiving letters addressed for me, and why wasn't the court sending any correspondence directly to me and not to them? Her solicitor could not give a clear answer; but i have asked for them to get in contact with the court to request any correspondence addressed to me should be sent to me? Any idea why this may happen: Could there be a conflict of Interest?


 


My x and i separated in 2009 after 30 years marriage as i was divorcing her for unreasonable behaviour.


 


Thank you


Mal

Expert:  Clare replied 3 years ago.
Hi
mix up is more likely to be a mix up at the court rather than anything sinister.
What does the draft order say about the maintenance that you are paying?
Claire
Customer: replied 3 years ago.

Good morning,


The court did send the paper work back for some alteration/clarification of some information; All to my benefit; e.g.: If i die; then the spousal maintenance stops.


I am to pay spousal maintenance which ceases at 65(when i retire)


 


The court recently requested clarification as to what i did with the 50k payoff from my x for my share of the marital home. I explained it was used as a deposit to enable me to get on the housing ladder.


 


As i have been asked twice over the past few months for further information; will these get added to/update the consent order? Would it also be worth asking for a copy?


 


Thank you


Mal

Expert:  Clare replied 3 years ago.
Hi
How likely is it that you will be made redundant and if you are how likely is that you will get another job?
Claire
Customer: replied 3 years ago.

Hello Claire,


The job i am doing now is no-longer required, but there is another job that is being made available. I have looked at the job description, and i only meet or am able to do appx 25% of the Job Desirables and Essentials.


 


plus there will be other people who have been with the company far longer than i going for it. Plus, if i volunteer for redundancy, i will get a reasonable pay off. Either way it is 95% certain i am leaving the company.


 


 


It is very likely i will get another job, but i do not have many qualifications. I have the chance of a job with a Church/Charity starting in August; it will not pay much apparently. But likely my x will be on more salary than me.


 


I do get a RAF Pension; which my x also gets 50%.(£298 each)per month.


 


On speaking with my manager yesterday, he reckons it will be likely i will be going.


 


Although we have it in writing that i will pay the monthly payment of £600; my wife agreed and is aware, that this amount is only possible if i remain in this job or find another job of similar salary. The company laying off a third of its workforce came as a bit of a shock, but i suppose in this day and age then its nothing new.


 


Because of my age and lack of qualifications; i will likely not find a salary similar to what i have at this time.


 


As the ABSOLUTE has not yet been given, would it be worthwhile to let the court/her solicitors know that as of 1 July i will be made redundant(95% likely); so no more £600 monthly payment?


 


 


Every Blessing


Mal


 

Expert:  Clare replied 3 years ago.
Hi Mal
I am really concerned about your position.
Is the Order currently before the court?
Have you told her solicitors about the redundancy?
Claire
Customer: replied 3 years ago.

Hello Claire,


The Order is now before the court.


The redundancy news came appx 9 days ago; a bit out of the blue.


Although 95% certain i am leaving; even through Volunteer Redundancy; due no suitable job for me; It should be confirmed around the 17th May that i am leaving. So i thought i would wait until i received confirmation before saying anything to her solicitors. Although my X is aware that my job situation is pending.

Expert:  Clare replied 3 years ago.
Hi
To deal with your first question - no you will not be able to make a claim against your ex for spouse maintenance - both because she simply does not earn enough to make it viable and because it is certain that the Consent Order currently before the court removes any future right to do so.
My real concern is that unless you act swiftly then you will have an enforceable court order which will mean that you will need to apply to the court to vary the order as soon as you are made redundant
If at all possible you should try and stop the order from being made
Claire
Customer: replied 3 years ago.

Thank you for the information

Expert:  Clare replied 3 years ago.
Hi
You are welcome - but I am very concerned about your position
Claire

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