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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was married years with no children. The decree absolute an

Resolved Question:

Hi I was married for 18 years with no children. The decree absolute and financial order for ancillary relief completed in october 2009. I have to pay 600 per month to my ex, she received 180k from the sale of the house and 60% of my police pension.
I came away with just 45k, at the age of 42.
I have since had four children and my partner is pregnant with our fifth child. I simply cannot afford to pay my ex. She lives mortgage free, works and we are hand to mouth. My partner will have to give up her job as we cannot afford childcare.
I want to know if we will be able go get this order overturned
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
My partner and I have no savings, we are at the end of our overdraft facilities, have had no holidays for 6 years, no savings, and 20,000 in debt due to increasing costs. We don't go out or spend extravagantly
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhy did the court Order such a large ongoing spouse maintenance payment
Customer: replied 1 year ago.
Because the divorce process took 2 years, due to me sticking my head in the sand, in in that time, I had continued to pay 700 a month into the joint account to cover the mortgage etc. I also continued to pay hercredit card bills, which amounted to over 8k in one year. This was before thesis. I also have a 176k mortgage now. At the time, we were staying with my partners parents so we could afford the legal costs of my divorce.
Customer: replied 1 year ago.
She also has chronic fatigue syndrome and played up on that, although she works and has had no problems since, I have heard through mutual friends
Expert:  Clare replied 1 year ago.
So was this a matter which went to a full court hearing?Has your income decreased since the order was madeWhat income did you each have when the Order was made, and what income do you each have now (to the best of your knowledge)
Customer: replied 1 year ago.
My average income was approximately 47,000. This has reduced to 42000. She was on approximately 15000
Customer: replied 1 year ago.
I believe she is on approximately the same or more now, as she has increased her work hours to 30 from 16
Expert:  Clare replied 1 year ago.
Was there a full court hearing regarding this or was it settled with a Consent Order?
Customer: replied 1 year ago.
Sorry forgot to say, this was a full court hearing, following our incomes being assessed etc
Expert:  Clare replied 1 year ago.
It does seem a very harsh Order based on what you have told me.Your only option is to attend Mediation (which is a prerequisite) to discuss a downward variation base don the reduction in your income and the increase in hers, and if she will not agree then you can apply to the court for a downward variation on those groundsI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
So there is little,chance of getting it down to £0?
Expert:  Clare replied 1 year ago.
There is certainly a chance - but you have to go through the process outlined above!
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thanks. Have filled in my form E.