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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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Can my ex-husband decide (unilaterally) to reduce my maintenance

Customer Question

Can my ex-husband decide (unilaterally) to reduce my maintenance payment, e.g from £3,000 pm to £2,000.- even though according to RPI the sum due now is £3,300?
In 2001 the sum of £2,300.- was awarded but he decided to pay more, £3,000.- as our son was living with me. This was a verbal agreement and he was carrying it out until now (one month ago). My son has now moved out and my ex decided I do not need £,3000.-
But I do, as I have a mortgage of £1,200.- pcm
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
What does the Court Order say about when Spouse Maintenance should end?
Claire
Customer: replied 4 years ago.

There is no end date specified. It seems the order is for ever.

Pls reply asap.

Expert:  Clare replied 4 years ago.
Hi
Can you give the exact wording (sometimes the details can trip us up)
Claire
Customer: replied 4 years ago.

he Petitioner to pay or cause to be paid to the Respondent as from the 1st day of Oct 2001 monthly maintenance payments of £3,300.- until a date upon which (X) (the son) moves into independent accommodation, upon which this sum will be reduced to £2,300.- per month. These monthly payment to cease totally upon the death of the respondent or her remarrying, cohabiting or receiving an income equivalent to the monthly maintenance payments.


 


 


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Expert:  Clare replied 4 years ago.
Hi
Just to check - I assume you do not have an income equivalent to this?
Claire
Customer: replied 4 years ago.

No, I do not have any income. There is no more info I can supply. Please answer my question.

Expert:  Clare replied 4 years ago.
Hi
So in fact he should now be paying you £2300 a month but is only offering £2000 is that correct?
Claire
Customer: replied 4 years ago.

No, taking inflation into consideration (court order allows that) he should be paying me £3,300. - but is offering £2,000.- Until now he was paying £3,000.-


£2,300 was awarded way back in 2001, now 12 years later the inflation brought this sum to £3,300.-


My question does not rest on specific sums - I need to know if he can take a decision himself to pay me less, i.e. a sum HE thinks appropriate.


Please advise me on THAT.

Expert:  Clare replied 4 years ago.
Hi
Where in the Order is the wording that Index links the payment and what does it say?
(This is crucial to the answer I am afraid)
Claire