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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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I have an order to pay my ex-wife maintenance. There is a committal

Resolved Question:

I have an order to pay my ex-wife maintenance. There is a committal notice attached to the order and I will go to prison if not paid. I can not afford the payment and some months the amount is greater than 100% of my income. I have already tried to have the order varied but was unsuccessful. I am self employed. I have ceased trading and will be filing for bankruptcy very shortly. Do I need to apply to vary the order again or will the bankruptcy be sufficient to keep me out of prison?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much do you have to pay and when was the Order made?
Why did your application for a downward variation fail?
Clare
Customer: replied 3 years ago.

Hi Clare, Thanks for getting back to me. I have to pay £900.00 per month, the order was made in October last year. A forensic accountant was requested and chosen by the other side who gave a figure of £13,000.00 profit I was still ordered to pay the £900.00 per month. As I say I do not understand the decision.

Expert:  Clare replied 3 years ago.
Hi
i am concerned that the Judge did not give reasons for this.
However I am afraid that the only way forward is for you to make a further application to vary the maintenance as the Bankruptcy will have no effect on the monthly payments or any arrears.
I am sorry to give you bad news - please ask if you need further details
Clare
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