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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33029
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have an impending change of circumstance. I have resigned

Customer Question

Hi I have an impending change of circumstance.
I have resigned from my current employment mixture of work related performance and stress over not having contact with my children.
I have a court order to pay £400 pcm not by consent and £605 child maintenance by consent.
My only income will be my Army pension of £940 pcm.
I am now re-married.
I assume a letter to my Ex will suffice to let her know of my change in circumstance but can my Ex claim anything that my wife earns?
Thanks in advance.
Submitted: 2 months ago.
Category: Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

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

When was the Order made?

Customer: replied 2 months ago.
Reference: FINAL COURT ORDER Birkenhead County Court - 14 April 2014
Following a very traumatic series of court sessions and huge expense in comparison to the amount that was being negotiated, I was issued with a Court Order to pay:
· By consent - To pay a cash lump sum, sign over the matrimonial home and pay child maintenance of £650 pcm for my two children (aged 16 &14) until they reach 21.
· Not by consent - A pension sharing order 30% from my Army pension and spousal maintenance of £400 until 4 April 2021.I am now re-married (to Karla) and live in Edinburgh and I have given notice to leave my full time permanent job.
My ex-wife will not negotiate and last time insisted on going through the legal system for everything. I don’t anticipate a change of approach, although perhaps a letter of intent or similar may work as there is no pot of gold to be had this time.
My only income will be my Army pension and I would like advice on the process and where I stand in the eyes of the law, in the following areas:
· Getting the Court Order changed, to inform the Court and my ex-wife (if applicable) of my change in circumstances and cease spousal maintenance/ bring CSA payments into line with my revised income.· The legal standing in respect that I could start work for my wife in her B&B business, the business is in my wife’s name. Will this be considered in any variation order as I won't be getting paid?· Legal costs if it goes to court – will I be liable to pay her costs again?Thanks in advance for your consideration and I look forward to hearing from you soon.
Expert:  Clare replied 2 months ago.

You will need to apply to the court to dismiss/vary the spouse maintenance

I would suggest a single polite letter asking if she will agree - then simply go ahead and issue the Form A

You can apply to the CmS to complete an assessment of the Child Maintenance - this will replace the Court Order

You will need to show that the business is and always was your current wife's.

There should not be any liability for your ex's costs assuming that you follow the due process

Please ask if you need further details

Customer: replied 2 months ago.
Thanks Clare,You make reference to From A what is this?I intend to write to my ex-wife informing her of my change in circumstance.Do I need to write to the court if I continue to pay the spousal maintenance?My wife is the sole owner of the business she has not started it yet though. Looking at opening in October.I have no assets as it were, as I lost everything in the divorce settlement.Many thanks Ed.
Expert:  Clare replied 2 months ago.

It is here

You do not need to write to the court until you make a court application

Provided your wife can show that the property came form her resources alone all should be well

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