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Downward Variation

  • attilladahun
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17 Jan 08 #10902 by attilladahun
Reply from attilladahun
Exemption only applies to Court fees...not legal costs

In the absence of public funding "legal aid" mediation is the answer

The Court can adjpurn his application for this process.......discuss this with solr asap

To get H's application off the ground he has to show a prima facie case for a variation -what is it

Reduced income...

It may be that you wont find out in detail till his sworn form E is received but it is absolutely amazing that ex H or his solrs did not write to you or your solrs before app was made setting out in detail his pos'n now and why he has not paid

Did they not do that?

Or is it the case the app was made when enforcement was made -presumably not as you don't know where he is

So he doesn't have contact- why?

  • maggie
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17 Jan 08 #10921 by maggie
Reply from maggie
Attila can I ask about this?
"To get H's application off the ground he has to show a prima facie case for a variation"
Do you mean the court might bar an application for variation of maintenance if the court thinks it's not justified- even before swapping Form E etc?
If someone is thinking of doing a DIY/self rep. variation how would they present this prima facie case to the court to get an application considered?

  • LittleMrMike
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17 Jan 08 #10946 by LittleMrMike
Reply from LittleMrMike
If you are applying for a reduction in the maintenance payments, then you must presumably have some reason for suspecting a change of circumstances since the order was made, for example, retirement, redundancy, the recipient winning the Lottery, etc. I suspect that what attilla means is that you have to give the Court a general idea of your reasons for wanting a reduction, but the detailed evidence comes later. But if he thinks I'm wrong, no doubt he'll let you know ! But my reasons for replying were a little different.

I have had this problem myself, and came across the difficulty that I had no real means of knowing my ex's circumstances. I felt at the time that applying for a reduction might backfire, that when the cards were all on the table, it might perhaps become obvious that no reduction was justified, and I would have had to make a full disclosure of my means, which could be quite useful to the other side now or in the future. My solicitor agreed with this analysis. It is always the difficulty when the former spouses have drifted apart. It is theoretically possible to apply for a reduction and get an increase, or vice versa.


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