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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Can I change or ammend an ancillary agreement as my circumstances

Customer Question

Can I change or ammend an ancillary agreement as my circumstances and earning potential has radically in the 5 years since the court order. MY ex wife gets 32.5% of everything I earn
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
Could you explain a little more about how and why the order was made?
Customer: replied 3 years ago.

I left and then divorced my wife in 2010. Mediation did not work so we went to court to settle our finances. We had a large mortgage £320k,(£140 Equity) ; £97,000 worth of credit card bills.My ex had 15% share in a business now with a £10m + turnover and 5% nett margin. I was to enherit through probate at the time, a piece of land(sold for £145k). At the time I was working as a consultant and earning befor tax £8,000 per month. We have two children . Age 15 and 12

The ancillary agreement states I pay 32.5% of my take home earnings until the yougest is 18. I've butterflied around a few job earning circa £90,000 -£100,000 pa. This involved a lot of travel. I now have mild coronary disease and dont want the 18 hour days. My take home between 2011 - 14 was approx £4500 of which I paid my ex £1400. The court order state I should provide a copy of my payslip on a monthly basis. (i find this an evasion of privacy). I now work in Bath, and am directly employed earning £4,800 per month Nett. However I now have to pay for a car to travel there 100 miles each day,

I am now remarried, I have paid off the £97,000 credit card bills, paid a deposit on my wifes former marital home( had to pay this to her ex for his equity. My wife has a child living at our home. I have my girls every other weekend. My ex does 16 hrs a week as a cleaner, claiming housing benefit and working tax credits and she rents out our former home. I have now reduced payments to £1k per month and now received a letter from a solicitor requesting payslips, P60's etc otherwise will apply for an attachment of earnings. If I paid 32.5% I would not afford my home, car outgoings etc. I cannot invest in a pension as this would be included in the %



Expert:  Clare replied 3 years ago.
Has your ex's financial position improved since the hearing?