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Ask Clare Your Own Question
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 divorced 4 years ago and have 2 children from that marriage.

Resolved Question:

I divorced 4 years ago and have 2 children from that marriage. I have subsequently remarried and have another child( my new wife is currently unemployed) I agreed to pay maintentance for both children until they are 18 or till a first degree course (21 ) - My ex wife will receive maintenance until she re-marries, she does not work ( even though i agreed to her terms on basis that she would get a job , i have an exydius vs exydius agreement ).My personal & financial circumstances have changed dramaticlly since i agreed terms - questions are 1. can i renegotiate some aspects of my agreement with out having to hire a solictior/barrister & 2. I have a non contributory pension , but if i start paying into a personal pension does that allow me to reduce my maintenance payments ( children are 16 & 18 ) - thanks
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.
has your income actually decreased - if so by what proportion?
Clare
Customer: replied 3 years ago.
My overall income has reduced by 39 percent. In april 2010. 2 month prior to agreeing terms i earned £440k ( 130 basic.+310 bonus ). Iwas promoted later in the year (after divorce in june) and my basic went up
To 180k ( where it has stayed ) but since then my bonuses have dropped drastically. Bonuses 2011 193k. 2012 93k 2013 76k and 2014 85k
Expert:  Clare replied 3 years ago.
Hi
Then you can apply for a downward variation based on the fact that your income decreased - look for a variation that reflects that decrease
You do not need to use a solicitor - start by writing a factual letter ad asking to discuss a reduction using family mediation.
If that fails then apply to the court using a Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
paying the fee of £245.
I would not take the Pension Point - it is unlikely to be viewed positively by the Court
I hope that this is of assistance - please ask if you need further assistance
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Clare. Ive started dilouge with my ex wife over this matter. However She doesnt agree to my suggestions and has suggested that we go back to court to discuss. I have said mediation is better. She has now gone to ground and is ignoring my emails - i suspect this is normal , whilst i dont want to threaten with court how can i incentivise her to agree to mediation ? How should one proceed in this situation ? Regards Steve
Expert:  Clare replied 2 years ago.
Hi
I am sorry - but the simple fact is that the court is your only option I am afraid
Clare
Clare and other Family Law Specialists are ready to help you