dirorced but want advice re variance

You are obviously angry, madam, and, like Sera, I can understand why. But we are trying to help, so please direct your anger at the system.

For a start, I think your partner seems to have had a bad deal ; I would have expected that his wife would have been given the right to live in the former marital home until the children grew up, followed by a sale and division of the proceeds. If the whole house had been confiscated, I would have certainly argued for a very considerable reduction in spousal maintenance but in your case I detect no evidence of this.

But I don't quite see where you get the 60% of take home pay going out in maintenance. You say your partner takes home 34K after tax, and pays out £6312 for the children and £6000 for the wife - about 36%, which I would rate as a wee bit on the high side but within the range of the possible.And there is another factor operating here which you haven't mentioned, and which you are not going to like - namely, you. You don't say whether you were cohabiting when the order was made. But the Courts, although they could not ' get at ' your income or assets directly, will make an assumption that you would contribute towards his household expenses, and take that into account in assessing his ability to pay spousal maintenance. Sorry ! This, from your point of view, could be a negative factor.

I think I would certainly investigate the possibility of getting your child support reduced in view of the changed circumstances, including the extra costs of visits. As to the wife now working - well, yes, it could certainly affect things, and I would not discourage you from taking legal advice. But the difficulty is that you would have to fight for it, ' The system ' does not, in my view, do nearly like enough to discourage the spouse who is being vindictive. But as matters stand, she is taking home more than your partner, with the same number of mouths to feed. It is at least worth your while taking legal advice. But let me give you one tip - use a solicitor who is either a member of Resolution or an accredited collaborative law practicioner. There is an article on this website about reducing your legal costs - so read that too. There is a lot you can do for yourself if you don't mind putting on an ice pack. I would also approach your lender if you are in difficulties about the possibility of re-scheduling the mortgage.

Mike

Hi
She was always earning 16k from yesrs before the Consent Order

he takes home around 2000 per month
she gets £15% net income for the one child 25% of his net overtime (calculated fro previous year)
£500 per month for spousal.
he was taking home only about £2500 when the case was at court.
He didnt try and pull the wool over the court told the total truth (she lied, told the incorrect house value hid money we are sure)
he now earns less.....she earns at least the same, no mortgage at all we think (he has to contribue £693. to our bills
we were cohabiting and honestly told the court that...

im not mad really, i think the system sucks, that she succeeded in doing what she wanted, taking away his "life" luckily I have a fairly good job and together we "cope" but surely he shouldnt be another £60 out of pocket per month to see his daughter (pluss anything he does with her costs as there is no base to take her too.

oh and we had a so say top solicitor, from a large firm (he was owner) also a barrister...but lady judges and his wife REFUSED to back down on anything...
He chickened out out of fear of having nothing
so....
I could write a book with the things she did, but i refuse to let her effect me any more than she has too....

thank you all for all your comment, I really appreciate them all.
I think if we can prove her income the assets and outgoings she has,
compare them to his now
the cm is till 21 and the 18yr old lives with us so its 6 years left for the 15yr old.
I thank you all but I think we are going to fight....
Can I ask, can a judge intervene before final hearing or does ex have to agree.. cause she wont agree to a change in anything... she wants to ruin him

Hi,
it turns out now his ex has moved and not going to work until next year (by choice) she obviously is living off his money and his finances are dreadful hes in major debt due to the spousal maintence. would he be able to go back to court seeing as shes given up work for the time being (shes 49 no reason not to work has skills and qualififcatons)
We are working so she can not.
surely this isnt right as she can work how odes he stand now?

She clearly has an earning potential and if you can show that she has been gainfully employed she just can't give it up just to spite your partner. I sometimes wonder how
often posts are read by the other side! I woulf still say it's worth your while taking legal advice.

Mike