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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33500
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Background:Divorced 2008, financial order £1000 per month spousal

Resolved Question:

Background:Divorced 2008, financial order £1000 per month spousal maintenance with index linking, my income £49k this year but has nowhere near kept pace with rip movement due to recession. Asked for voluntary reduction to compensate and at her solicitor request completed and exchanged after long delay on her part draft form e.
Up to date of financial order I had a full occupational pension in payment (due to a tupe event at 50 years old) which was used to finance our then separate lifestyles. Her form e confirms that post financial order she has elected not to draw down her share of the pension and is boosting her future pension.
Her form e current reasonable reqts are £31.5k, she has earned net income of £10k and won't explain how she funds £6.5 pa after my spousal maintenance of £15k pa. My issue is that she has chosen to defer pension income of at least £10k pa. Do I have grounds for a new order?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What was your income at the time the Order was made?
Clare
Customer: replied 2 years ago.
Hi Clare
£38815 salary net plus full pension of £11,280 net, divorce was 2007 not 2008
Expert:  Clare replied 2 years ago.
Hi
So your salary has not decreased in this period at all?
Clare
Customer: replied 2 years ago.
It's increased over the seven years but not at the same rate as the spousal Maint. 3 years no salary increase due to recession also company relocation for same reason means an extra £100 per month petrol so I'm out of pocket by £200 per month compared to the rip increases on the original £1000 per month, now nearly £1300 pm. That was the basis of my request for a voluntary reduction but now I discover that she is choosing to defer substantial pension income whilst continuing to rely on me supporting her lifestyle, but the pension sharing order actuarially based means she would already have substantially more pension income than me anyway
Expert:  Clare replied 2 years ago.
Hi
How old are you both?
Clare
Customer: replied 2 years ago.
I'm 62, she is 59
Expert:  Clare replied 2 years ago.
Hi
What is the percentage comparison between your rise in wages and her rise in maintenance?
Clare
Customer: replied 2 years ago.
Will provide when home this evening
Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare
Customer: replied 2 years ago.
Clare,My salary has increased 7.3% compared with the maintenance increase of 26.4%. So I pay her an extra £264 pm - my net pay has increased by £221 pm. In addition out of that £221 I have to find an extra £90 pm for petrol due to a forced company office relocation.Furthermore my pension in payment 2007 was £11.280 net, and I used this to help finance our separate lifestyles. After the pension sharing order was concluded my share reduced to 43.6% and its current net value is £6,425 pa so in overall terms my annual income has reduced
Expert:  Clare replied 2 years ago.
Hi
You cannot use the pension argument as the court was aware of that reduction when the order was made.
Your argument is based on the fact that your wage has essentially only risen by £131 and your maintenance has risen by £264.
You should be asking for a downward variation back to £1000 - unless of course she was not earning at the time the order was made
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33500
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok Clare understand that, she did have an income from part time work and whilst still part time now her net has increased by about 2k pa.i first raised this issue in July 2013 and after long delays on her side we exchanged voluntary form e last month. Their view is that I can afford it even though I ve said it's about fairness and the court couldn't have foreseen the recession.
So I've asked about a clean break settlement and their offer is the current £1,264 pm times the remaining months left in the order, they think that represents an attractive discount to me because no further rpi adjustments.
Can I make an offer on a different basis eg what she can reasonably afford to contribute to her "current reasonable requirements " of £31k incl £11k pa on holidays christmas and birthday gifts? Currently she contributes £10k pa , the Maint I pay is £15k and she won't explain the gap.
Expert:  Clare replied 2 years ago.
Hi
When does the payment stop?
Clare
Customer: replied 2 years ago.
My 65th birthday 1st August 2017
Expert:  Clare replied 2 years ago.
Hi
I would argue is straight on the fact that your income has gone up at less than the maintenance AND hers has actually increased
Do the calculations to show how much each of your incomes has actually increased and ask the court for a downward variation to reflect that.
Allow the court to draw it's own conclusions from the unfunded "gap"
Clare
Customer: replied 2 years ago.
Thanks clare
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare

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