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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33038
Experience:  Over twenty-five years experience
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I received a court order in 1988 to pay maintenance to my ex

Resolved Question:

I received a court order in 1988 to pay maintenance to my ex wife (divorced in 1988) of £150 pounds a month "during our lifetimes".
It has now been 27 years in which I have paid. Is there any way in which I can get the order cancelled?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
Generally the only ground upon which the Court will consider a variation application for a maintenance order is if you can show that there has been a financial change of circumstance. This could be a change in either party’s means, not just the payer, although in practice most applications are founded upon this basis. Normally you have lost your employment, or your income has reduced. If you'd formed another relationship and had more children, which affects your ability to maintain their “first family”.On a variation application, a judge can vary the maintenance order up or down, suspend or terminate it, capitalise it into a one-and-for-all lump sum and order any arrears to be discharged.These variation applications are notoriously difficult to call, as the judge has a wide discretion in this situation. This discretion makes it an uncertain area of litigation for divorce lawyers and clients alike.As such it is good practice and sensible to attempt to resolve things between you prior to instigating court proceedings, as costs orders are visited quite regularly on the losing party. Please rate positively
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