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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask ReadyLaw Your Own Question
ReadyLaw
ReadyLaw, Advocate
Category: Law
Satisfied Customers: 1021
Experience:  Adjunct Lecturer at University of Technology
104128041
Type Your Law Question Here...
ReadyLaw is online now

I would be grateful for your assistance I have a decree Nisi

This answer was rated:

hello I would be grateful for your assistance I have a decree Nisi not absolute and my financial order has been agreed and now paid. unfortunately my eldest has now decided to move in full time with his father and part time with me, As a result his father is now saying he will only pay half the agreed maintenance. So my question is is he allowed to just do this or must we re negociate or go back to the court and reapply do I have any rights to stop this? Thanking you in advance
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I was only told this in an email on Friday and have done nothing as I am on Universal credit and have no money for lawyers, what papers would I need to file sorry am so unfamiliar
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so unless you know am in shock and absolutely groping in the dark as this would mean my youngest and I would be unable to afford the rent where we are and I am locked into a contract until September

Good day, your question has been forwarded to me to see if I may be able to assist.

He can not simply change the payment because of what the eldest son has decided to do. He would be required to stick to the terms of the courts' order unless it is varied.

 

You should respond to him advising that he is required to comply with the terms of all maintenance payment as per the court's order.

I hope I was able to help. Kindly let me know if I may be of further assistance.

 

Kindly indicate by clicking on the stars at the top of the screen whether you have accepted the answer given.

 

best wishes

RL

 

Customer: replied 8 days ago.
Oh that is a relief and where can I confirm that it is not varied? I really want to be absolutely certain he cannot do this as Im terrified my daughter and I will be homeless and just to confirm as my previous solicitor mentioned without absolute he can do what he wants which seemed unfair.sorry to ask again to get clarity felt I was in a vulnerable position he was taking advantage of.thanking you in advance again
Customer: replied 8 days ago.
Sorry am I being dim where are the stars to be rated?
Customer: replied 8 days ago.
Oh got it top of the screen sorry

You are welcome.

 

The absolute has to do with the divorce.

What you should have in place is an order in relation to financial provision. Once that order has been made, he can't simply change it without going back to court. For him to have varied it he would have had to notify you and you would have had to be made aware of the change.

Customer: replied 8 days ago.
Does the email he sent telling me he changing the payments count as him varying it or as I’m understanding from your response only if he apply back to the court and they agree is it varied? Sorry if repeating he’s very slippery and want to be 100% that my daughter and and I are not in jeopardy
Customer: replied 8 days ago.
Thank you in advance

That email would not amount to a variation. He would have to get an order from the court.

ReadyLaw and 5 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Oh gosh I cannot thank you enough you really have no idea what a relief that is to know. And should he stop payments I can take him to court to enforce correct?
Customer: replied 8 days ago.
What am amazing service you are I wish I had know before I would have rather paid you than my solicitors who fleeced me!