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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34108
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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The solicitor said "it would not be sensible to refer the matter

Resolved Question:

The solicitor said "it would not be sensible to refer the matter to a Court as the likelihood is that there would be an increase in the amount of £357.67 spousal maintenance order payable each month rather than a reduction or discharge of the order until I retire ". I am currently 62 born 8/5/53.
I hope that this answers both your and Harris's questions.
Thank you Clare. Michael.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi MichaelThat would appear to be a dfferent issue than the one you were raising - are they actually linked?Clare
Customer: replied 1 year ago.
At first sight, only in as much as the £356.67 and the pension sharing order were part of the same court order but what the solicitor has conveyed to me, only the layman in these matters, is that as the maintenance order was set at a time when I had considerable debts to pay off and now that I've cleared them (they were the main cause of the marriage breakdown as my ex wife wanted another bought house when we were having to sell ours to repay our current a/c debts mounted up as we brought up 5 children- 3 of hers and 2 of ours. My solicitor told her to rent a house which she found in 1 week. She then wanted £400 per week maintenance and the court awarded her £200 per week until the 2 children still at home had grown up) but my income has stayed nearly as high, to approach the court now about the pension, might well trigger a review of the maintenance order. I hope that this gives to you a clearer picture. Thank you. Michael.
Customer: replied 1 year ago.
My phone no is 01223 83 99 22 if you would prefer to talk by phone?
Expert:  Clare replied 1 year ago.
Hi Michael
What is your ex's current income position - to the best of your knowledge - and how old are you both?
Clare
Customer: replied 1 year ago.
Thank you Clare,
My date of birth is 8/5/53 and my ex wife's date of birth is 24/10/56.
While, having had little or no contact for 10 years, I just don't know my ex wife's income, I do know that her eldest son and his wife now own the house that she first rented 10 years ago and she lives in it so that our 2 sons can return there from university.
Expert:  Clare replied 1 year ago.
Does the spouse maintenance order actually have an end date?
Customer: replied 1 year ago.
The Spousal Maintenance Order reads £356.67 p. c. m. payable monthly in advance commencing 1/2/09 during their joint lives or further Order.
Expert:  Clare replied 1 year ago.
Hi
Has your income increased since then?
Clare
Customer: replied 1 year ago.
My average self employed sole trader business profit, before tax, in the three years leading up to the court hearing was £40838.
and in the 8 years since the court order the annual average has been £47900 . My business is my only income.
My latest year's profit is £42420 and the latest year's profit at the court hearing was £42845. Thank you. Michael.
Expert:  Clare replied 1 year ago.
Hi Michael
In fact you need do nothing at all - if there has been no Pension Sharing Annex prepared sealed and served on your Pension Comapny then that is not your fault.
It would be sensible to send a low key reminder - but nothing more.
However - do be aware that the Order stands and if and when her solicitor wakes up to the fact he has not done this then it will THEN be put in place - with of course a lengthy argument about what thepercentage should be - unless you have made NO further payments into it (which I hope you have not)
I disagree on the issue of Spouse maintenance - if your income has not increased and assuming hers has not decreased then there is no reason why is should be revisited - but it may bea risk you do not wish to take.
So in essence - if you have made no further payments to that pension then it is up to you if you take action!
please ask if you need further details
Clate
Customer: replied 1 year ago.
Thank you so much Clare. As I think it likely that my ex wife's Solicitor ceased acting for her very soon after the court order and my Solicitor would cost me £220 per hour to do any further work and I notice on the county court website ,that I am invited to make an appointment to see them, might it be best to make that appointment in the hope of conveying effectively the reminder that you suggest I make, without hopefully, incurring further legal fees for something which you have kindly said is not my fault?
Expert:  Clare replied 1 year ago.
Hi
No - instead simply write a letter to your ex reminding her that this is still to be done - keep a copy and send it recorded delivery.
Clare
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