my divorce was final a few months ago. My husband walked out on me and my 2 children a year and a half ago. He asked me to divorce him on the grounds of adultery(he has lived with his partner since he walked out.Infact he had not actually committed adultery when we lived together. Iwanted it all to be amicable for the children and for that reason I asked for the house and £200 per month in childcare costs. The house only had about £5000 in equity when he left so it was never a great asset. We had been married for 7 years. We decided not to go through the CSA. Everything has been fine but he now says according to the CSA web site he should only pay £145 per month for the children. I can not live on this but he will not change his mind.I am desperate to know if I can now take him to court to claim spoucal maintenance. In the divorce I went for nothing trusting him to stick to our mutual agreement. Can anyone help.
Few questions really.....
When you divorced him, on the petition did you cross out the prayer...where it states are you going for a maintenance order, are you going for a pension order, ect ect, (or words to this effect. This can go in his favour if you did! BUT........if you had no legal advice at the time of the divorce then to be honest you can apply to the courts for anything. The only thing I can think of for you to do is issue form A, this is a form stating that you are going to apply to the court for ancilliary relief. I.e a maintenance pending order, ect ect.
Before anyone can give you real advice you need to answer some of the things that a court will need to know
i.e. Do you work?
What are your wages?
How old are the kids?
The thing is going down this court route is a battle and can be very very costly, I think if you politely tell him, that you will be seeking a SM order if he chooses not to continue with the original agreement, then that may just make him realise just how little he actually pays out!
Some men end up paying their ex spouses SM in the form of half their wages for LIFE!
It all depends on your circumstances, but from what you have wrote seems you have a good case for it.
Thanks so much, I know this sounds silly but my ex filled in the form for me as he wanted the damn thing!!!!! I know, I will never trust again. I have learned a valuable lesson!!! I will get the form and make him aware, I just didn't think I could do anything as the divorce is final. I had no legal advice at all. I only work part time which we agreed to bring up the children. When we had them I was on a higher wage than him. The children are only 7 and 5! Hit with the realisation it could go to court and he would have to pay his costs, I hope he will co operate. Thank you again.
Kind ones back
From what you say, you have a fantastic case, it seems to me that he has got off extremely lightly. I think he has pulled the wool over your eyes, but dont worry or fret, he knows he has and it could be a big mistake for him to reduce your payments, from £200 measly quid to £145!
I am getting divorced and have no dependents. I work 20 hours a week and earn about £270 per week net. Does any one know if I am entitled to any maintenance from my husband? He earns over £200,000 per year
I think you need to post your question in a fresh thread as otherwise it will get all mixed up with Cerys' situation which is different as she has children. It will probably help people to answer you if you say a little more about your situation, such as how long you have been married.