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My business partner was divorced in Uk in 1991. He is currently

 
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  • Answered by:claire
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My business partner was divorced in Uk in 1991. He is currently 64yo. His ex-wife is some few years older than he, and she did not work outside the family after marriage - he was the sole earner. He and 2 of his 3 children were asked to leave the family home in 1989 and his wife retained the family home in the settlement. He continues to maintain his ex-wife as ordered by the court. Apparently she has recently heard of a couple of small business ventures he has started or invested in and is now asking for substantial increase in her level of support. He has now closed one business that was just developing and has postponed the start up of the other. Until July he was a consultant with the NHS. He says that he has tried to contest increased variations of the settlement previously but it has cost him a lot of money and he has always lost and had to pay the increase demanded. How can he resist the latest claims?

 

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Province/Country relating to question : England and Wales

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Submitted: 270 days and 20 hours ago.
Category: UK Family Law
Value: £22
Status: CLOSED
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Expert:  claire replied 270 days and 17 hours ago.

Hi
By how much has his income increased since the last variation?
Claire

Customer replied 270 days and 16 hours ago.

I have no idea and can't ask. I imagine it is purely on usual rate of NHS increase for senior consultants without private practice. I don't think there were any specific merit awards in the last 5 years or so. He is now not salaried nor yet on a pension. Quite a lot of work he does is pro bono because allegedly there is no money available to pay him.

Accepted Answer

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Expert:  claire replied 270 days and 16 hours ago.

Hi
Unless the original Order or an amendment specified that his ex received a percentage of his earnings then his ex will have to prove two things
1. His income has increased
2. Her needs are such that she also needs an increase.
Unless he has a substantial new source of income (the two businesses perhaps) AND her needs have increased for some reason he should be able to resist any application
Claire

Expert TypeFamily Solicitor
Category: UK Family Law
Pos. Feedback: 97.7 %
Accepts: 12257
Answered: 8/7/2012

Experience: 25 years experience of all aspects of family law

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