How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Kasare Your Own Question
Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
12488363
Type Your Family Law Question Here...
Kasare is online now

I have had a spousal order 3 months ago for £850/month and

Customer Question

I have had a spousal order 3 months ago for £850/month and was unable to pay as the business I work for (owned by my current fiancee) is struggling and been unable to pay me. I am also suffering with high levels of stress and struggle doing my job and if wasn't working for my fiancee wouldn't be able to operate in job. I have reduced my contracted hours to 16per week and salary to 16k from 40k to try and earn some money at least to pay CMS and a lower salary that the business can afford to sustain. I applied for a variation immediately. Because I work for my fiancee they are saying that this is strategic. Far from it. My fiancee is struggling and not paid herself any salary either. I am in court for contempt and variation in same hearing and being threatened with 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.
Can your fiancee prove the business is facing problems?
Clare
Customer: replied 3 years ago.

Yes. Have done so to date and can absolutely prove and provide bank statements.

Expert:  Clare replied 3 years ago.
Hi
How far has your application reached?
Clare
Customer: replied 3 years ago.

There is a hearing on the 25th June for non payment Where he gave me 2 months to pay and included is the variation meeting. I have also complained about the judge as his comments last time gave the impression he has pre judged the variation without seeing the evidence

Expert:  Clare replied 3 years ago.
Hi
Just to check - the actual Order was only made three months ago and you are already in arrears?
Clare
Customer: replied 3 years ago.

That is correct. Within 2 weeks of the order, the business suffered by losing a contract and had insufficient funds to pay my salary. There had also been a tax code error so my net pay immediately reduced by £400 and immediately after the FDR by ex-wife but a claim in for CMS and got awarded £420 per month. This wasn't even raised at the FDR as her request was for joint payment.

Expert:  Clare replied 3 years ago.
Hi
Were you represented at that hearing?
Clare