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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1431
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex wife and I have just received our Decree Absolute. It

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My ex wife and I have just received our Decree Absolute.
It was agreed during mediation that I would pay spousal support until she found a job or until our house was sold.
At the time, the property in question was rented to tenants who have since moved out.
The house sale was delayed and for the last 4 months I have been paying the mortgage on my own.
I cannot afford to continue paying the spousal support.
Upon completion of the sale, my ex wife will receive 90% of the sale which offsets our or other assets.
Our agreement was never made legally binding.
We have one son who lives with me permanently.
I receive no Child Support from his mother.
Can I stop paying her, reduce the amount?
Welcome to Just Answer
I am a Solicitor and will assist you.
I note that you have divorced and although you had come to a provisional agreement in relation to financial matters - this was not recorded in a court order and has not therefore become legally binding.
I note that you are currently unable to afford the interim support that had previoulsy been discussed.
In your circumtances - you should consider referring the matter back to mediation to see if an agreement can be reached. You should also discuss at mediation the issue of you receiving maintenance for your son who lives with you.
If agreement can not be reached at mediation in respect of the matrimonial finances then you should consider making an applicaton to the court.
If agreement cannot be reached at mediation in relation to the maintenance you will receive for your son then you should make a Claim to the Child Maintenance Service.
It is important that the matrimonial assets are not divided until a court order is made or a consent order is approved - if you do not follow this then you could be leaving yourself open for a claim in the future.
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