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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33955
Experience:  25 years experience of all aspects of family law
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Hello My ex-husband has reduced my maintenance payments

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Hello

My ex-husband has reduced my maintenance payments unilaterally and without my consent. I am taking him to court for breech of the consent order.

However, my ex has now applied to the courts (or threatened ) that he will to have a reduction in payment for the consent order.

I understand he and I have to complete form E.

Is this correct.

Thank you for your assistance.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
What excuse has he given for this reduction?
Claire
Customer: replied 3 years ago.

many excuses from "Cant Afford payments as business is bad" to "New partner to look after" to "having to rent a house while his home is refurbished"


 


I have made an application to the courts to have him answer his breech of my consent order and it will take place end of August. so I have challenged his reductions and am claiming back payments.


 


My BIG concern is he has now applied to the courts to have the payments reduced before I go to court in August. We have to complete form E as a process to this.


 


I cant afford more legal costs and want to know if it is possible to represent myself at court and how difficult is this?


 


Thank you


Maria

Hi Maria
When was the original Order made and how has your financial position changed since then?
Claire
Customer: replied 3 years ago.

The original order was made in 2009. My financial position has only changed due to the reduced maitainance my ex-husband forced on me ie order was for :


1. £1000pm for our daughter


2. £1200pm monthh for spousal


 


My ex has already approached the CSA and had our daughters maitenance reduced to £400pm. This is all that he pays at the moment so I am £1800 pm worse off


 


Thank you


Maria

Hi
When is the first hearing of his application for a downward variation?
Has he experienced a substantial drop in income - and are you sure the CSA assessment was correct?
Claire
Customer: replied 3 years ago.
Hello Claire

The hearing hasn't been set yet as we have to file form E
He says he has had an income drop but he hasn't proved it
as yet.

regarding the CSA he did not give me notice he was applying
To the CSA and I have informed them that I don't accept
their assessment and I have now applied on my own behalf
asking for a "life style assessment " I am waiting the outcome.
Thank you
Maria
Hi
Have you actually heard from the court regarding his application?
When does the Form E have to be filed by?
Claire
Customer: replied 3 years ago.
Hello Claire
No I did not hear from the court, his lawyer wrote to me to say he was applying and I he needs to fill form E they also advised I seek legal advice
Thanks
Maria
Hi
Once you receive the paperwork from the Court then you will see the timetable - and it is likely that the court will link the two applications - his and yours - so that they can be dealt with together.
You will indeed both have to fill in Forms E - but however daunting it looks at first the form is basically a list of questions about your finances and asks you to produce the paperwork to prove it - so there is no reason why you should not deal with the matter yourself.
Your ex will have to prove that his income form ALL sources has fallen.
When dealing with the CSA ask if he has declared income from Dividends - assuming that he is a Director and/or shareholder
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 3 years ago.


Hello Claire


 


thanks for your reply. I have read the Form E and think I can manage to fill it in thank you.


 


I have a concern about the question regading my home in relation to form E. I have a home valued at about £400k and a small £24k mortgage. The house was signed over to me as part of my divorce settlement. My question is will I have to sell my house if my ex proves he cannot afford to maitanine the payments at the current level and share proceeds with him?


 


Finally, xcan I go to court with just a barrister to save on the lawyers cost? If yes, can I approach a barrister of my choice to represent me?


 


Thank you


Maria

Hi
No you will not be expected to share any of your capital with your ex.
It is now possible to instruct a Barrister directly if you wish - a list is here
http://www.barcouncil.org.uk/instructing-a-barrister/public-access/
Claire
Clare and 2 other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you Clair
One last question. Will my ex-husbands capital be taken into account or will his earnings be the only peramitter for him being able to pay the full amount of my maintenance as directed by the consent order?

Thank you
Maria
Hi
Maintenance is payable from income and not capital - but the court will wish to check that no income has been hidden in his company to stop it being available
Claire

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