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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33538
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I divorced 5 years ago and was left with a settlement that

Customer Question

I divorced 5 years ago and was left with a settlement that beggars belief, as I have now remarried and have a 3 year old child is there any worth in having someone take a look at the facts in an attempt to try and get my maintenance adjusted down
I'm paying 1400 a month to a woman who works and hasn't had any children she also took 40% of my pension pot, I got away with 10% due to the fact she ran off to NZ with another man for a year, recently I have paid her 85000 to get her out of the house as she was supposedly selling it but obviously that didn't happen while I was paying the mortgage and rates
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Which country did the divorce take place in?
Clare
Customer: replied 1 year ago.

Hull, UK

Expert:  Clare replied 1 year ago.
Hi
How much were you earning when the order was made and how much do you earn now?
How long were you married and how old are you both?
Clare
Customer: replied 1 year ago.

Hi Clare

I was earning then 5,556 GBP per month. Today i am earning 7,000 GBP per month. this wages are based on overseas allowances. should i get repatriated i would go to 50,000 net a year.

We were married 12 years.

I am 61 and she is 51 years old.

Expert:  Clare replied 1 year ago.
Hi
Is she working? Living with some one else?
When will you return to the UK?
Clare
Customer: replied 1 year ago.

Hi

Yes she working. We think she lives with someone else but yet to be proved.

If you mean muy contract end date then i have got 1 year extesion at the moment.

If you mean when i am comig back to visit then it depends on the strength of this reduction or preferably elimination.

Thanks

Expert:  Clare replied 1 year ago.
Hi
Was she working when the Order was made?
Clare
Customer: replied 1 year ago.

yes she was working at the time

Customer: replied 1 year ago.

obviously the difference now is that I have a wife and child to support

Expert:  Clare replied 1 year ago.
Hi
That is NOT a reason for a reduction I am afraid as it is a choice you have made.
The basis for a reduction is a decrease in your income OR a change in her circumstances
Unless you can prove that she is cohabiting your best bet is to wait until you return to the Uk - make an application then and try and have the periodical payments dismissed totally.
I appreciate that this is no good news and in fact I am surprised that the Order was made at all BUT at this stage you need to optimise the chances of dismissal rather than anything else
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33538
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

HClare

I feel its morally wrong given the circumstances and by the sound of your email you are also not convinced. Is British justice so inept that this can not be challanged??

Regards

Dave

Expert:  Clare replied 1 year ago.
Hi
Was this Order imposed after a full hearing?
Clare
Customer: replied 1 year ago.

Hi,

I think yes, I had to go to courts

Expert:  Clare replied 1 year ago.
Hi
Did you give evidence?
Clare
Customer: replied 1 year ago.

Hi,

Yes I did

Expert:  Clare replied 1 year ago.
Hi
May I ask why you didn't appeal?
Clare
Customer: replied 1 year ago.

Hi Clare

As i remember the conversation with my solicitor was the costs involved of an appeal as the outcome will dictate who pays the costs i.e. if i would have lost i would pay all off the incurred costs for both parties.

Legal costs for me amounted to 30K+ which was to be truthful more than enough at the time. So appeal was not considered.

Thanks

Dave

Expert:  Clare replied 1 year ago.
Hi
Sadly it is now too late to appeal the matter - your best bet is to apply to have the maintenance dismissed
Clare
Customer: replied 1 year ago.

Hi Clare

Assume you mean to try to have it dismissed now and what do you think are the chances?

Expert:  Clare replied 1 year ago.
Hi
I would wait until you are back in the Uk if that is only a year away
Clare
Customer: replied 1 year ago.

problem is that the present employment may continue for some years and all I want is an end to this injustice

I am seeking a solution from the legal system from the likes of yourself who can give me a steer on what to do

Expert:  Clare replied 1 year ago.
Hi
You can apply now - you don't have the strongest of cases so there is a risk involved.
You can always then apply again when you do get back to dismiss it entirely
Clare
Customer: replied 1 year ago.

Hi,

Thank you for reply.

Can I ask some question, probably last one.

If I prove that she is cohabiting how much approximately it will cost me in terms of courts and solicitors? Is it going to be a long and expensive process or easy one?

Thanks

Expert:  Clare replied 1 year ago.
Hi
If you can prove that she is cohabiting?
If so can you come to the UK to make the application or will you need a solicitor to deal with it
Clare
Customer: replied 1 year ago.

Hi,

I will need a solicitor.

Expert:  Clare replied 1 year ago.
Hi
Then budget for between £1500 and £2500 in total
You will also need to budget for a video link to attend court
Clare
Customer: replied 1 year ago.

HI Clare.

Thanks for all the replies and patience.

Her solicitor is extremely good (Ian Launch). We need e very good solisitor to go against him. Can you advise any?

Thanks

Expert:  Clare replied 1 year ago.
Hi
You can find excellent Family lawyers on the website
www.resolution.org.uk
Clare
Customer: replied 1 year ago.

Thanks a lot for all your advise.

Regards

Nigar

Expert:  Clare replied 1 year ago.
Hi
Good luck - I hope it goes well
Clare
Customer: replied 1 year ago.

Dear Clare

We have started the process of proving cohabitation and have the initial report attached. Before we take the next step regards ***** ***** is your thought on success once cohabitation is verified?

Thanks a lot

Dave

Attachment: 2015-06-10_082304_vrhz-rjv5-pod3-hull-1.docx

Expert:  Clare replied 1 year ago.
Hi
There are no guarantees - but it is likely that it will be decisive
Clare

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