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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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As part of my divorce settlement i had a pension

Customer Question

Dear sir
As part of my divorce settlement i had a pension sharing order which resulted in 50% of my army pension which i am drawing being given to a pension pot run by the MOD which will mature when my exwife reaches the age of 55 and then she will take the revenue from it....
The court order on the 3.3.11 also made a provision of spousal allows until she reached 55.(monthly amount circa £750)
This week it is highly likely that i will be dismissed from my work and will have no income...with given my age will also mean there is little chance i will get a salary even close to what i currently earn going from £50k to some unskilled employment in the 18 to 20k..... is there any way i can get the spousal maintenance reduced , there are no children to consider...and everything was a clean split...
i dont know where my ex-wife is i just pay the money into her bank account.
Your advise is appreciated....
Geoffrey Marsden
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
Where do you think that she is?
Clare
Customer: replied 1 year ago.

My ex wife is in the UK living in Manchester.i believe...she has never given me her address and guards the information. Every year when the spousal allowance is due to go up i get an email from a gmail account to confirm what the allowance goes to, which is linked to RPI in the September of that year. the spousal allowance is due to end in Oct 2016 when she reaches 55 and the army pension(from the pension sharing ) matures for her.

My dismissal is likely to be within the next few weeks where i will have no salary..... we had a final break settlement and the spousal allowance is suppose to ease her in into the changes, paying here £750 a month is going to take all savings i have.

Expert:  Clare replied 1 year ago.
Hi
I assume that you make payments direct into a Bank Account?
Clare
Customer: replied 1 year ago.

yes that is correct, my concern is i lose my job and have no salary at monthly payments of £750 plus per month plus my own mortgage of £569 plus council tax and electricity costs will mean any savings i have which is only a few thousand taken up very quickly....i am assuming my ex-wife is still employed as a legal secretary earning circa £23k plus

Expert:  Clare replied 1 year ago.
Hi
You need to make an application to the court for a downward variation of the maintenance. and you need to do is as soon as possible
You should instruct an Enquiry Agent/Private Detective to trace your ex - but if all else fails then ask the court for permission to serve your ex via the bank.
I hope that this is of assistance - please ask if you need further details
Clare

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