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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife divorced me 5 years ago and a court order was issued

Customer Question

Hi
My wife divorced me 5 years ago and a court order was issued paying her and my daughter maintenance.
It was based on my earnings at the time of £125k per year two years ago I lost my job and haven't been able to find another job.
I did have shares which the court has now awarded to my wife to the value of £100k I now have no savings or income can I apply for the original order to be changed
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Why was there another hearing this year?

Customer: replied 5 months ago.
I received an email from my ex wife solicitor informing me that there was a court hearing to transfer my shares to my ex wife to the value of £101,000 the email was 3 days before the hearing I was unable to attend and get legal advice in that time I did email her solicitor telling her my situation and I wrote to the court. I was notified by her solicitor 3 days after the hearing that the shares had been sold and the money had gone to my ex wife
Expert:  Clare replied 5 months ago.

When was that?

Customer: replied 5 months ago.
23rd March
Expert:  Clare replied 5 months ago.

Why were you unable to attend the hearing?

How have you coped since losing your job?

Customer: replied 5 months ago.
With difficuly I have also been in and out of hospital I was involved in a serious fire two years ago and ended up in intensive care and was then diagnosed with Post Traumatic Stress Disorder and unable to deal with any stressful situations
Expert:  Clare replied 5 months ago.

What is your current income?

Customer: replied 5 months ago.
I haven't been able to work but I am now attending interviews
Expert:  Clare replied 5 months ago.

So how have you maintained yourself in last two years?

Customer: replied 5 months ago.
With help from my parents
Expert:  Clare replied 5 months ago.

How much is the ongoing maintenance payment and how is it divided?

Customer: replied 5 months ago.
163;450 child maintenance £300 to my ex wife what I don't understand if my circumstances have changed so dramatically and I have no earnings how am I expected to honour court order if I do marine to get further employment I would anticipate a salary of around £25,000 my ex wife I have now found out has been living with her partner for the last 3 years which was in the court order that if she met someone else her payments would stop how do I prove this.I have spoken to the CSA and they have advised me my child maintenance on those earnings would be £150 a month
Expert:  Clare replied 5 months ago.

The first thing you do is apply to the CMS for an assessment which will stop the Child Maintenance part immediately.

With regard to the Spouse maintenance you need to make an immediate applictaion for a variation/dismissal.

This is done using a Form A

https://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf

and the fee is £255

You shoudl also ask for the ongoing payments to be stayed pending the hearing

Please ask if you need further details

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