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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34585
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a court order against me for maintaince to my wife we

Resolved Question:

I have a court order against me for maintaince to my wife we had no children and am having trouble paying amount ordered which was for£1500 a month which was argued out by the solicitors I never got to see a judge this order was made until I retire or further order in april of last year I earn around £35000 a year before deductions +a income from rental properties of £14000 per year before tax which were part of settlement which was made up on a 50/50 ratio she spent all of her settlement on a house etc where I invested mine reason she was awarded amount as 61 and said could not work due to depression and could not find a job she did not work all the time we were together yet now seems fine no depression in sight
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
What was your monthly income from all sources then and what is it now?
Clare
Customer: replied 3 years ago.

me and my ex wife ran our own business together and jointly took approx. £4000 a month made up of dividens +plus we had the rentals£1500 amonth we had equal share in the company which was losing money and had no assets my wife took the family home approx. £468000 I had the rental properties and the company and am now taking £2000 a month to put back company in to profit and my wife is no longer in the company the rental properties were worth roughly the same less any capital gains I now live in one of the properties

Expert:  Clare replied 3 years ago.
Hi
So at that time you had a monthly income of £5,500
You now have an income of £3500 a month
Can you prove that the company could not sustain the £4000 a month you were taking out?
Clare
Customer: replied 3 years ago.

yes I can

Expert:  Clare replied 3 years ago.
Hi
Then you can apply to the Court for a Downward Variation of the maintenance to reflect the new position
Your income has decreased by 35% and you can seek a corresponding reduction in your maintenance
This is done using a Form A
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
The fee is £340
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

thankyou for your help when she starts to draw her pension would you all so say I could reduce it further as she now has other money coming in

Expert:  Clare replied 3 years ago.
Hi
Provided that your income has not also increased because of pensions - then yes
Clare
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