How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

In Jan 2008 I was divorced from my wife after a 26 year marriage. With

Resolved Question:

In Jan 2008 I was divorced from my wife after a 26 year marriage.
With the help of some very creative Solicitors (Russel-Cooke) she (Ex wife) managed a settlement of £350k + £1250 p.month (adjusted by rpi)
At that time my Ex wife had no job or income and I had a Driving School business that in 2010 went into administration.
In June 2010 I remarried - my new wife being somewhat younger than I (25 years old). With whom I now have 2 children presently age 5 and 4.
My new wife, who originally worked for me, had created a company in 2006 - that was also in the Driving School business.
Since 2010 we have paid my ex wife the maintenance - even though she got a job soon after the Divorce.
I am now 68 years old, retired and have taken the role of "househusband" while my wife is the "breadwinner".
My income is a state pension of £800 p.month + I have a pension fund tied up in a commercial property (value £85k ish) that pays no income at present. My only assets are house (value £900k less £500k mortgage = £400k) + Boat (£50k value)
My new wife funds my living expenses + all the other household expenses.
I have no shareholding in her business and no position, however I do look after the Internet site and assist in her accounting.
Her business has been struggling for some while and having reviewed our expenditure - we cannot afford to continue her maintenance.
My Ex wife has her own house (fully paid from the original capital settlement) + a job as a Chef (My guess being £25k ish p.a)
What is my situation?
1. Do I have to continue paying this level of maintenance?
2. What, if any, level of maintenance would be considered reasonable in light of our present circumstances?
3. Can I change it and how?
4. What happens to me if I fail to make a payment (which I have to do this month)?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
You need to make an immediate application for a downward variation/dismissal of the Spouse Maintenance - or indeed for it to be dismissed altogether.
The reduction in your income and the increase in hers should be sufficient to ensure success
The fact that you now have two small children is NOT an argument that you can use.
The starting point is to try and negotiate with your ex using Family mediation
www.familymediationhelpline.co.uk
You need to attend the initial meeting even if your ex does not.
Once that is out of the way yo can apply for a variation using the form here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
You can also ask for any arrears that accrue to be remitted.
Please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you