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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Following a divorce in 2010 I am making periodical payments

Customer Question

Following a divorce in 2010 I am making periodical payments to my ex-wife. I have received notice of redundancy effective from 31st March 2013 so clearly my circumstances are likely to change. How do I request a modification to the payments? Is my redundancy payment at risk?

Thank you.
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
For clarity is this spouse or child maintenance
Claire
Customer: replied 4 years ago.


This is spousal maintenance - no children involved.


 


Many thanks.

Expert:  Clare replied 4 years ago.
Hi
How much will you receive by way of redundancy and what maintenance are you currently paying
Claire
Customer: replied 4 years ago.


The redundancy payment is likely to be about £7,000-£8,000. No amount has been specified yet. Current periodic payments are £375 pcm.

Expert:  Clare replied 4 years ago.
Hi
What other income do you each have?
Claire
Customer: replied 4 years ago.


My ex-wife is over 60, so presumably receives the state pension. I don't know if she works or not. She owns her house outright (she was given sole ownership of the matrimonial home in the settlement).


 


My salary at the moment is £46,000, but that will of course cease very shortly (31st March). I am also in the TA, which generates about £3,000 of net income per year. I have no savings and own do not own property. i have debts of roughly £20,000 which I pay roughly £700 per month towards - these were debts accrued during the marriage on joint expenditure (car, overdrafts run up on living expenses etc).


 


Thank you,


John

Expert:  Clare replied 4 years ago.
Hi
You can apply to vary the existing order using a Form A and paying the fee of £240.
The form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
Claire
Customer: replied 4 years ago.


Thank you very much. If my ex-wife's circumstances changed significantly (she found a job, moved in with a new partner etc) is she obliged to tell me? The basis for the payments was that she had no realistic prospect of finding work.

Expert:  Clare replied 4 years ago.
Hi
She does not have to tell you about changes generally - but as part of the process of your application she will have to disclose her current financial position!
Claire
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.


That's great, thank you very much!

Expert:  Clare replied 4 years ago.
Hi
You are most welcome - good luck
Claire