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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I have just been made redundant and cannot afford to pay my

Customer Question

I have just been made redundant and cannot afford to pay my ex the £750 a month marriage maintance (not child maintance), which was agreed in cort, that I would pay an till my daughter is seven years of age, which is on the 27th of Dec 2015, this would then have given me a clean break.
If I do not keep these payments up how do I stand?
Will I still get a clean break?
Can she take me back to cort to get a new settlement?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Order made and how soon are you likely to get a new job?
Customer: replied 2 years ago.

Hi Clare,

The order was made on 22nd June 2011 and i am looking for another job but only made redundant a couple of days ago.

Please see highlighted the order details.


Dear *****


Please find attached a copy of the Order that was approved on the 22nd June 2011.

In short the structure of the proposal is that you will continue to pay the outgoings in relation to both properties until these are exchanged. You and Mrs Willimott will agree a date for exchange of the properties within 28 days and will then swap houses taking your respective contents with you with the exception of the white goods with you. Please can you let me know when you have managed to agree dates or if you cannot agree dates let me have proposals on dates.

Mrs Willimott then gives an Undertaking or promise to the Court to do all she can to have you released from the Mortgage on Hillrise Close and if she cannot to ensure that you do not sustain any loss by remaining bound by that Mortgage. She also undertakes to remove the Matrimonial Homes Caution when you exchange properties.

The Order then provides:

1. That you will transfer all your interest in 33 Hillrise to Mrs Willimott subject to the Mortgage. Mrs Willimott will leave within 28 days and will not return.

2. You will transfer the Volkswagen Golf car to Mrs Willimott.

3. You will pay Maintenance to Mrs Willimott at the sum of £ 750.00 per month until Chloe reaches the age of 7 at which time that Order will stop. Mrs Willimott will not be able to apply for an extension of the term of that Order.

4. You will pay Maintenance for Chloe at the rate of £ 600.00 per month. In the event that Mrs Willimott should apply to C-MEC (formerly CSA) for an assessment of Maintenance then the £ 600.00 payment that you made will reduce pound for pound with any assessment.

5. Once the Transfers have been completed all of your claims against Mrs Willimott will come to an end.

6. At the time of completion of the Transfers all of Mrs Willimott’s capital claims against you will end and all her claims against you will end and all her claims against income and claims under the Inheritance Act will end when your payments to Mrs Willimott of Maintenance ends on the 27th December 2015. At that stage there will be a full clean break.

7. Mrs Willimott’s Judicial Petition will be dismissed.

8. You will not pay Mrs Willimott’s costs nor will she pay your costs.

Expert:  Clare replied 2 years ago.
Did you get any pay in lieu of notice?
Customer: replied 2 years ago.
Hi ***** did not end of contract I work offshore and the oil business has gone flat
Expert:  Clare replied 2 years ago.
I suspect that I know the answer but - will your ex agree to a reduction?
Customer: replied 2 years ago.
No not very likely
I could keep paying it till the end of the year but this would come out of my savings and need to be careful with money as out of work and have mortgage and new family to support.
I just need to know what the implications are if I don't pay the ex, will the clean break not be held up as I have not kept up the payments, hardly my fault if I have no income?
Expert:  Clare replied 2 years ago.
You cannot simply stop paying.
Just to check - how much do you actually have in savings?