I have received a notice of a Fast Track Application from my ex who now wants to vary a financial order. His stance is that he became redundant and is now in a lower paid job. He has continued to pay me a reduction in GM based on the same percentage awarded at the time of the order.
Given the upcoming hearing and my genuine need to have full GM for myself and children, do I need to agree at this hearing or will it proceed to an FDR if I do not agree. I am self representing. Can I also ask for full disclosure to be given (Form E) instead of the Form E2 which have been exchanged now. I seek this as I believe that not all disclosures have been provided.
Also, is mediation out of the question - or could I ask the judge to consider this given the long list of questions I have for him which are missing in his Form E2 disclosures?
If you split global maintenance into
child maintenance and spoual maintenance then you could apply to the CSA and they will deduct the correct amount from your ex-husbands wages directly without you going to court.
The CSA has a fixed defined percentage so if the payers income reduces then so does the amount of maintenance paid in the same way as your ex-husband has done with reducing the global maintenance in line with his reduced income.
If the order is older than one year then either you or him can do this without going back to court and this way your children will have their needs met.
For a maintenance variation, you won't need the full disclosure covered in a Form E because you are not talking about capital only income.
You would normally try mediation before going to court as in a judge cannot order someone to mediate if they don't want to but you can ask your ex-husband if he wants to.
I was more concerned with the upcoming hearing. Do I need to agree with any change in variance to the order for maintenance? What happens if I do not agree? Will it go to an FDR or will the judge impose the variation? Will full disclosures have to be made if I do not agree.
\"Do I need to agree with any change in variance to the order for maintenance?\" - Not made by your ex-husband but if you take it to court and have a judge decide then that's what will happen irrespective of whether you agree or not.
\"What happens if I do not agree?\" - There will be more hearings to establish if your ex-husband is telling the truth or not. If he is then your goal would be to increase the percentage of his reduced income that is paid to you and to show that he can afford to do this. His counter will be to show that you don't need it and to ask why you haven't increased your own earnings so as to reduce or eliminate your personal continued dependency on him.
The global maintenance in some way's confuses the situation as in whatever happens in court the CSA will set the rate for child maintenance
as a percentage of his taxable income so really what you are going to court for is your own personal maintenance, not the children's and he will no doubt highlight that.
\"Will it go to an FDR or will the judge impose the variation?\" - In the end if you can't come to some agreement the judge will impose what they think is reasonable.
\"Will full disclosures have to be made if I do not agree.\" - You both need to provide disclosure if you do not agree to the reduction and you want a judge to decide.