My first form E was in 2004 and only had yes/no tick boxes on front page, he said no and denied cohabitation under oath which I knew to be untrue.
He stopped paying SM early 2012 and applied for variation/dismissal of order. Having now received the new form E, he now does not want the matter to go to court because he knows I can prove they have been cohabiting since Dec 2003 & bought a house jointly in Nov 2004. (Land reg doc''s)
Would he not be told by the Judge to disclose her assets?
Its a different issue for you the guy has lived with the lady for years and bought property with her, its nine years for him.
In your case the judge will ask what she earns, often the answer is oh i don`t know we have separate money/accounts, the judge can ask for disclosure, but they rarely do, and its very unlikely the judge would ask for details of her assets.
This is about him paying you SM, its not his partners obligation its his, her income is of course important as they have a fairly long term relationship, so yes the judge as a minimum will ask what she earns if he says dunno the judges usually just infer they do contribute and therefore his stated need is less than given in form E.
In plain terms judges know people tell lies, they are not stupid, he will need to show a material change in his financial circumstances that justifies a variation or discharge, many fail because its not that they can`t pay its just they don`t want to pay.
In that case they could easily have a combined income 100k+, you can`t just vary an order because you don`t want to pay, in the words of Mr T i pity the fool, leave it with the judge, unless he can show he cannot afford to pay hes wasting his time, and the courts, we see this on wiki time and again, invalid reasons that are dismissed, some judges are quite calm and explain the terms of the order must be complied with, others can get quite nasty especially if the payer argues, oh to be a fly on the wall for yours.
His earnings in 2004, prior to the huge hike in GP salaries was £115K pa, before the added out of hours and practice manager was £46,000. I think they intend to retire and move abroad. He is 65, she 60. Will this be good enough reason for him to have it dismissed.
I am 60 with pension in payment due to ill health, of £18,456.
The long and the short is you cannot vary based on what may happen, it has to have happened, so when he retires he should apply, even then it must be based on the fact he can no longer afford to pay, given he will have a big fat final salary pension he is likely to be in the same position.
What would be wise for him is to offer to capitalise the SM as a single lump sum and offer that, any solicitor can work out what the payment should be, then its for you to decide to accept or not, if not a judge will decide.
At the very least he should be talking to a solicitor before he does anything, in fact in his case a barrister, if he does apply and fails he could end up with your legal bill, what he also needs to be aware of is that if he does apply the order can go up or down, so if your need is greater and he earns more which he does he could walk out very unhappy indeed.