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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joanne M Your Own Question

Joanne M
Joanne M, Family Solicitor
Category: UK Family Law
Satisfied Customers: 264
Experience:  LLB (Hons), experience in matrimonial and child law
Type Your UK Family Law Question Here...
Joanne M is online now
A new question is answered every 9 seconds

I have a court order to pay £2,500 for spousal and child maintenance.

Resolved Question:

I have a court order to pay £2,500 for spousal and child maintenance. At the time of the order, I was in rented accommodation (I had moved out of the family home into a tiny rundown rented flat) and my ex was not working (one of our 3 children was not yet of school age). Our financial statements were based on these scenarios.
Since then our circumstances have changed:
- I have remarried and we have bought a house, therefore I now have a mortgage and the usual outgoings to run a home. We are also trying to start a family
- All 3 children are at school and I understand my ex has some part-time work
I can't now afford to pay the £2,500 in maintenance and rely heavily on my wife's earnings to support this payment (which will cease if/when we have a baby).
Can I apply for a variation and is it likely to be successful?
Submitted: 10 months ago.
Category: UK Family Law
Expert:  Joanne M replied 10 months ago.
Has your income reduced?
What do you earn,
what does ex earn?
Is new wife working?
Earnings?
How much of 2500 is child and how much is spousal?
Thanks
Customer: replied 10 months ago.

Hi Joanne


 


Thanks for coming back to me.


 


- I have c.£130k flow through the limited company but pay taxes from this (corporation etc). Also this is not guaranteed as I contract and this therefore is not a stable income flow


- I haven't asked my ex about her earnings but know that she is working


- My wife has been out of work for the past 5 months and we have not coped without her income; I've taken out loans for the short fall; she is returning to work next month however we are keen to start a family and therefore we must find a way to live on my income; she is 40 and time is running out for us to have a child but we need her to work to pay my ex spousal support, a situation which stresses us both; in addition we have a very sizeable tax bill to pay and are on the verge of bankruptcy


- I don't know how the £2,500 is split


 


 

Expert:  Joanne M replied 10 months ago.
Thank you. An element of this is child maintenance and an element is spousal maintenance. Child maintenance as a percentage of your income and spousal maintenance is based upon your income and your ex’s need.
The fact that you may have more self-imposed expenses (new child, new wife not working, Newhouse) is not of concern by and large to the court.
What would be of concern to the court would be if your own income had dropped and although I accept that it may be unstable, it has not dropped from what you tell me.
If your income does drop, then there is a good chance that you could make an application to court to reduce the amount of maintenance which you pay.
Bankruptcy does not wipe out maintenance payments sorry to have to tell you.
What may assist you in reducing the amount you pay is that it would appear that her need has changed because she is now working whereas she was not before. Now that can make a big difference and if you can prove that, you can then make an application to court to vary the amount you pay.
Can I help further? Can I answer any specific points?
I am off-line now until tomorrow but will pick this up then.
Joanne M, Family Solicitor
Category: UK Family Law
Satisfied Customers: 264
Experience: LLB (Hons), experience in matrimonial and child law
Joanne M and 3 other UK Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Law Denning

    Solicitor

    Satisfied Customers:

    1467
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    1467
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    758
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    404
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    394
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    284
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    226
    LL.B (Hons), Higher Prof. Dip. Law & Practice