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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2723
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I pay maintenance and school fees to my ex wife £1k

Resolved Question:

Hi,
I pay maintenance and school fees to my ex wife £1k per month, I divorced c10 years ago in a clean break. I have just been made redundant and have 6 month PIL. However my wife and I have decided to move abroad with her as the bread winner and me as the house husband, I am aware that with me not working then there would be no maintenance payments, however my wife is willing to half the current payment to £500 per month as a voluntary amount. When I finally tell my ex that we are moving overseas ( Bermuda) and her payments will reduce she will not be happy!! I have a very bad relationship with her. I am concerned that she will therefore try and go after my assets to obtain monies, can she? my assets only include the house that we live in. Could she try and force me through the courts to sell the house to fund her? We are looking at renting the property whilst we are overseas and therefore wont be living in it. If there is anyway to extract monies from me then she will try.
Thank you for your help.
H
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I have a compromise agreement that I can show her and also notification that I have retired my director duties. I would like a formal letter to go to her from a solicitor rather than from me. can you do this?
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
You state that there was a clean break order as part of the divorce. Are the current maintenance payments part of that order? If so, what were the terms of the payments?
The maintenance payments you pay - be it child maintenance or spousal maintenance will be in relation to your income and the court will not expect you to fund thisnfrom capital assets, only from your income and the court would not expect your current partner to fund maintenance payments for your ex-spouse.
Therefore, as you circumstances are changing you will need to apply to court to vary the maintenance payments to reduce your liability, if there is an order on place regarding this.
Please let me know if you have any further questions.
Customer: replied 1 year ago.
Thanks there was no court order ref monies always done on a voluntary arrangement and only child maintenance never spousal maintenance. Therefore from you inference she couldn't go to court, thank yu. Btw are you able to send solicotr letters out or not whic was the second part of the question. Thanks
Expert:  Harris replied 1 year ago.
As long as there was a clean break order that was approved by the court alongside your divorce then she cannot make a claim against your capital assets - provided you provided your financial position correctly in your financial disclosure.
Unfortunately this service does not allow us to provide letters or correspond on your behalf.
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you

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