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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13467
Experience:  25 years experience of all aspects of family law
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Claire, I was wounding if you can advise me. My exhusband

Customer Question

Hi Claire,
I was wounding if you can advise me.
My exhusband and I have a court order that he pays me £500 a month which is spilt into child maintenance for 2 children and spousal maintenance. The house we both owed with a mortgage has been transferred into my name but he has a 25% share in the equity. Which I will have to pay him if I remarry, my youngest has finished his first year of uni or if I die. My exhusband has informed me he will be 'going on the dole as I have given up looking for a job within the horticultural industry'
On job seekers I'm aware he will not be able to pay the maintenance for spousal or children.
This is financially a disaster for me but my question is: if he can't pay his maintenance do I still have to give him 25% of the equity if I'm forced to sell?
In my eyes he has broken the court order so it is now null and void?
Thank you in advance for any advice
Submitted: 7 months ago.
Category: UK Family Law
Expert:  Clare replied 7 months ago.

Hi Louise

Thank you for your question and for asking for me

What is his current income and when was the Order made?

Customer: replied 7 months ago.
Hi Claire, the Order was made 15th October 2015. Unfortunately he lost his job on the 16th of December 2016 and has failed to find another one yet.
Expert:  Clare replied 7 months ago.

What was he earning before?

Customer: replied 7 months ago.
He was on £25,000 a year
Expert:  Clare replied 7 months ago.

How easy will it actually be for him to get a job?

Customer: replied 7 months ago.
Quite easy, he has a car so he could travel for work. He was a Garden Center Manager so could look at managerial roles
Expert:  Clare replied 7 months ago.

How realistic is it that he will want to live on benefits

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