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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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 want to apply for a variation in spousal maintenance because

Resolved Question:

I want to apply for a variation in spousal maintenance because my financial circumstances changed. Can I directly apply to the court with Form A or do I need to go through mediation first?
thx
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
It is not compulsory to go through mediation first - but if you do not then it is possible that the court will adjourn the first hearing to allow it to be attempted.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Do I in first instance only need to submit form a or also a full brief with the motivation for my request?

Expert:  Clare replied 3 years ago.
Hi
Please accept my apologies.
I missed the fact that the regulations changed this month and you do need to attend a MIAM now (although some courts still do not enforce this)
Apart from that a Form A is in fact all that is needed to start with
Clare
Customer: replied 3 years ago.

Would the fact that my net income is less than the total support payments be sufficient ground for revision in and of itself?

Expert:  Clare replied 3 years ago.
Hi
Why has your income fallen so far so quickly?
Clare
Customer: replied 3 years ago.

It didn't.

When my ex and I negotiated, I included an employee loan which I am getting every month but which is fully repayable by me, including interest. The court never saw this because it was agreed between us.

This is however not sustainable. Also, the loan may be discontinued soon

Expert:  Clare replied 3 years ago.
Hi
Who is your employer?
Clare
Customer: replied 3 years ago.

A Dutch private equity firm. Why does that matter?

Expert:  Clare replied 3 years ago.
Hi
Because the Court is going to wish to be clear that you are in no way able to control the amount you are paid as is sometimes the case with "employee loans"
Provided you can clearly show that you have no control whatsoever over this and the decrease was not foreseeable at the time the Order was made then all should be well
Clare
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