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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been paying court approvedmaintance years . I have

Resolved Question:

I have been paying court approvedmaintance for 7 years . I have moved to France and have no income yet. Can I appeal or change the amount I was paying. Please help
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Was the order made in relation to a divorce or a children act application?

-Is the maintenance child maintenance or spousal maintenance?

-When was the order made?

-Was the order made by consent?

Customer: replied 1 year ago.
It was a consent order 20-9-2010.
It was global period payments. It says the amount of periodical payments in respect of my son reduced to £1. The variation date is September 2022 and at yearly intervals afterwards
Expert:  Harris replied 1 year ago.

Would you be able to type out the provision fully please? Or attach a copy with personal information redacted?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Harris replied 1 year ago.

Sorry, I cannot take a phone call at the moment, but if you are able to provide the information requested I can continue to assist you.

Customer: replied 1 year ago.
1sale of property
2/ the husband shall pay global maintainer pendung suit and thereafter of £550 a month in arrears starting 1/10/10 and end on
A death
B
Wife's remarriage
C wife cohabitation
D further order terminating paymentsThe amount of Peridical payments reduced to £13/ on the variation date of the periodical payment duet in Sep 11 and at yearly intervals afterwards the periodical payments will stand varied automatically
Expert:  Harris replied 1 year ago.

Thank you. It would appear that the main liability you have is for £550 per month for spousal maintenance.

Given that your circumstances have now changed you would be entitled to apply to court to vary, suspend or discharge the periodical payment provision. On such an application the court will consider all the circumstances of the case, and whether it is possible to make an order for interim periods to prevent hardship to her.

The court will have to also consider any changes to the Section 25 criteria below:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

You will need to submit an application under form A and a £255 court fee to court.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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