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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I separated from my ex 2.6 years ago and we have been

Resolved Question:

Hi,
I separated from my ex 2.6 years ago and we have been through the financial hearings where ultimately a spousal maintenance order was issued by the court to the sum of £1500/month until February 2017, plus another payment to cover legal fees, etc at £12,000.
Since that hearing last February my financial circumstances have changed considerably, an in any case I am a freelance business development consultant and as such clients tend to come and go. When we were in court I had three paying clients, since last month I only have one paying client - I did warn my ex that my financial circumstances had changed and that hopefully only for a short time I would not be able to pay her the full court ordered amount, so I have offered £500/month for the interim. My ex ignores this offer and just keeps reminding me of what I owe her, at time of writing this is now £2000.
In addition to this I have now decided to seek a variation of the order due to the volatility of my income and have told her about my intentions, and asked her to try and reach an agreement out of court but this also gets ignored.
Another point in case is that her son, now aged 20, has moved in with her. He is a promising male model and has over the past year in modelling made some decent money. He unfortunately didn't even finish high school, but he could earn money somehow and I have encouraged him/her to do this. On top of everything else he may very well be making money but since the separation the ex has become a ruthless liar and it wouldn't surprise me if she was keeping this from me.
So based on that background, my question(s) to you would be:
- Given the above, can she still enforce payment of what I'm not able to pay at present? How does this work and how long would this take, if it is even possible?
- If I were to proceed with an application for a variation of the spousal maintenance, would the court take into consideration the fact that her (adult) son now lives with her and can/should contribute to her/their costs? Would they want to/be interested in examining his financial means as well?
Thanks in advance for your help!
Best / JC
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** I shall do my best to help you.You must make an immediate application to the court for a downward variation as otherwise arrears will continue to accrue and your ex can apply to enforce them.There are many options for enforcement and these can include a Third party Charge on your assets or sending the Bailiffs in.The fact that her son should be making a contribution by way of rent will be seen as a reasonable argument - but his financial means will not be investigated at allplease ask if you need further detailsClare
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