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Clare, Solicitor
Category: Law
Satisfied Customers: 34888
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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When my husband and I divorced 3 yrs ago he was required to

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When my husband and I divorced 3 yrs ago he was required to pay me what is approximately 30% of his annual income. Now he is about to retire his income will drop to whatever part time consultancy he can get in the coming year.
So it will be another year before he knows what he has earned, 30% of which he must pay me.
The dilemna is how to work out what monthly maintenance I can expect based on his guestimate of part time work.
Is there a precedent for this change over year? Could I expect him to keep up the current amount until he has firm evidence in a years time on which to base the settlement?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the exact wording of the order and does your ex have any pension provision?
Customer: replied 3 years ago.

The relevant para says The rate of periodic payments ordered under this order shall be adjusted automatically with effect from the payment due in April 2015 to 30% of the Respondents net income, being gross income from all sources less income tax and National Ins payments.

Yes he has a large one off payment (about 300,000 euros) but claims on pensions are dismissed in the Order

Just to clarify - my question relates to the gap between my ex's retirement in 2015 and the final end of his next years earnings in 2016

I'm sorry to have delayed reply, I will pick up your response tomorrow

thanks, ***** ***** tonight

The payment relates to the year up to April.
So he will have to pay base don April 2014 - 2015 until April 2016 at which point it will drop to reflect his income for the year April 2015- 2016.
Over the years obviously there will be times when he is overpaying for his actual income and others when he is underpaying - but they will no doubt balance out
Please ask if you need further details
Customer: replied 3 years ago.

thank you. do I understand correctly that the spousal maintenance remains at the same level during the year to come, first year of retirement, while as yet his income is unknown?

No change until april 2016?

Assuming that he has earnt what you think he has then yes it will stay the same
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