How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35219
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

I have a court order against me for maintaince to my wife we

This answer was rated:

I have a court order against me for maintaince to my wife we had no children and am having trouble paying amount ordered which was for£1500 a month which was argued out by the solicitors I never got to see a judge this order was made until I retire or further order in april of last year I earn around £35000 a year before deductions +a income from rental properties of £14000 per year before tax which were part of settlement which was made up on a 50/50 ratio she spent all of her settlement on a house etc where I invested mine reason she was awarded amount as 61 and said could not work due to depression and could not find a job she did not work all the time we were together yet now seems fine no depression in sight
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
What was your monthly income from all sources then and what is it now?
Customer: replied 4 years ago.

me and my ex wife ran our own business together and jointly took approx. £4000 a month made up of dividens +plus we had the rentals£1500 amonth we had equal share in the company which was losing money and had no assets my wife took the family home approx. £468000 I had the rental properties and the company and am now taking £2000 a month to put back company in to profit and my wife is no longer in the company the rental properties were worth roughly the same less any capital gains I now live in one of the properties

So at that time you had a monthly income of £5,500
You now have an income of £3500 a month
Can you prove that the company could not sustain the £4000 a month you were taking out?
Customer: replied 4 years ago.

yes I can

Then you can apply to the Court for a Downward Variation of the maintenance to reflect the new position
Your income has decreased by 35% and you can seek a corresponding reduction in your maintenance
This is done using a Form A
The fee is £340
I hope that this is of assistance - please ask if you need further details
Customer: replied 4 years ago.

thankyou for your help when she starts to draw her pension would you all so say I could reduce it further as she now has other money coming in

Provided that your income has not also increased because of pensions - then yes
Clare and other Law Specialists are ready to help you