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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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We have a court order to pay my husbands exwife spousal maintenance

Resolved Question:

we have a court order to pay my husbands exwife spousal maintenance unless she cohabits for more than 6 months. she is living with her boyfriend but denies this to us, and our financial cicumstances have changed. What can we do to stop her payments
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen was the Order made?How have your financial circumstances changed?How do you know that she is cohabiting?
Customer: replied 1 year ago.
she stays at his house 5/6 nights a week and then they stay at hers 1/2 nights together. She is on his car insurance, they holiday together, We have been told by their children too but that she doens't want to admit it to us as she doesnt' want to lose the money! We have paid for nearly 4 years now and have a further year and 2months to pay. I recently lost my job which means we now only have one income. my husband had a stroke in Dec 2014 so can not work the overtime he used to either.
Order was made in June 2012. We beleive she is also claiming benefits as a single person too and has not declared the 50% payout awarded from my husbands pension fund.
Can we just contact the courts to confirm to them. We can't afford expensive legal fees.
Customer: replied 1 year ago.
She is retired and so is her partner.
Expert:  Clare replied 1 year ago.
By how much has your husband's income decreased since the order
Customer: replied 1 year ago.
approx 400 per month. they also considered my income at the time the order was made as we were living together. My income was 50k per annul at the time.
Expert:  Clare replied 1 year ago.
How long has she been with her partner?
Customer: replied 1 year ago.
they have been together for 9 years but she has denied they live together. They have been cohabiting for at least 3 years but its how we can prove this to the courts.
Expert:  Clare replied 1 year ago.
So her house stands empty during the week?
Customer: replied 1 year ago.
Yes.
Expert:  Clare replied 1 year ago.
You mention that there is only another year to pay - why is that?
Customer: replied 1 year ago.
the order was for 5 years only
Customer: replied 1 year ago.
we do pay £400 per month though so it is significant amount of money
Expert:  Clare replied 1 year ago.
Sorry what I meant was - why was the cut off five years?
Customer: replied 1 year ago.
This was the order agreed with the solicitor. She was awarded 50% of pension, we took all the matrimonial debt (40k), she got the family car and contents of the house. awarded £400 per month until she cohabits for 6 months (she denied she was cohabiting), payable for 5 years.
Customer: replied 1 year ago.
what do we have to provide to prove that she is cohabiting. If they holiday together and stay at each others houses full time, irrespective of it they stay 5 nights at his and 2 at hers, they are still living together.
Expert:  Clare replied 1 year ago.
The co-habitation point may be less important than the change in your household income so try not to focus too heavily on that.The focus is the change in your husband's income - and yours - and the fact that his ex's needs are reduced since she shares her life with her partner and there is clearly a sharing of resources involved - even if they chose to keep two separate properties.If you can afford to get a report from an Enquiry Agent to prove how they share their time then fair enough - but it is not worth wasting a great deal of money on itYour husband does need to try and discuss this with her using Family mediation firstPlease ask if you need further detailsClare
Customer: replied 1 year ago.
thank you for your guidance. I think we will need to consider Enquiry Agent to prove they share time together. His ex is refusing to go to mediation. Thinks she should get more money as he has had promotion. Does't get that he doesn't now get overtime which boosted his wage significantly previously.
Expert:  Clare replied 1 year ago.
If you can afford it it may help
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