I''m sure this is a subject which has been done to death elsewhere, but I''m a newbie here, can''t find any similar threads, and need to get this "out there". Bear with me!
I''m a 44 year old Father to 10 and 14 year old children. My divorce was final in October 2008, and was done at a time when my ex was claiming legal aid. The whole settlement went in her favour. I just wanted to have done with it, and essentially agreed to monthly spousal maintenance of £200 for a 6 year period (plus CSA on top), and 25% equity in TFMH (the mortgage on which I also have to act as guarantor). I was advised that, were I to go to a final hearing, a judge wouldn''t necessarily order me to pay less, but more would have been out of the question. I don''t have a highly paid job, I don''t cohabit (for fear that she would apply to the court for an increase in SM), and I live in a studio flat, which is far from ideal for the children. I knew that, at some point, the SM would send me further into the red every month, and sure enough, almost 4 years down the line, and having used personal loans and a credit card to survive.
I''m now at a tipping point in my finances. My ex will not agree to my halting the SM, I cannot afford to go back to court to apply for a reduction in SM.
Is anyone else in a similar situation? I fear that I will need to enter a debt management plan, but only as a last resort. I think that''s just around the corner now, but thought I''d at least see if anyone else can provide pointers.
You don`t need a solicitor to apply for variation, it sounds very much as though you are getting into debt trying to pay an order you simply cannot afford.
Variations are not as complicated as many think, if you can show you cannot afford to pay the judge will reduce the amount to what you can afford or even discharge the order meaning you pay nothing.
Take a close look at what you earn and what you need to live, whats left?, if little or nothing then apply to vary if your ex wont agree to a reduction, a judge will not make any person get into debt to pay the order.
Many thanks for your reply. You have hit the nail on the head with your opening line.
Regarding your comment that legal assistance is not necessary to apply for a variation, I would presume then that the only costs involved would be in the filing at court, and subsequent hearing in front of a judge - what are the likely costs of that?
U could self rep on a variance. No one will ever know yr case like you do. And if you are gettin loans to pay this then you are payin too much mate. U have no choice in this. And this sort of things happen all the time.
But at the end of the day, its 6 years and its not like its forever right? One day U will be free. C.
You''re right, there is light at the end of the tunnel, and that''s what I''m crawling towards. Something has to be done now though, so I''d at least best get on the phone to the legal helpline I have through my bank account....