Application for variation of spousal maintenance

He is saying that he will reduce hours in April 2013.

I do agree with you Dukey that it is not uncommon for nothing to be sent to the defendent/respondent but an application for a variation should be on notice and the details of the application should be sent in full both to the court and to the other party so that they can consider the merits or otherwize of the claim.

So many times I have been prejudiced by my ex and his legal teams either by applications which should have been served on notice with all the details of the claim and supporting evidence or worse still sent in ex parte with ridiculous reasons after the event as to why the application was ex parte - all malicious and unfounded allegations about me and my family.

As a result, during multiple proceedings all going on simultaneously orders have come out of court as a result of my correspondence ordering my ex and his legal team to respond to my questions and file properly in accordance with CPR (my case has been out of FPR for years now).

In the original posters case I think she does need to consider asking the court of their own volition to write a civil restraint and needs to see the application and evidence that he has submitted to see whether it has any real merit at all especially bearing in mind that the court has indicated that he is just wasting court time and basically harrassing his ex wife with claims that he cannot afford anything.

Also the idea of attending mediation without an independent mediator and then saying that she is to attend mediation with his ex wife present and that he is going to choose the venue I believe is evidence of further abuse and bearing in mind previous conduct I don''t expect that a judge would disbelieve her evidence - it might even be supported in writing - she did say he isn''t to contact her so I am wondering how he has told her.

Spooky

Is that literally it, his basis for a reduction to £1 nominal maintenence is based on his decision to reduce his working week in 2013? Based on Dukeys previous calculation of reduced earnings that is truly ridiculous.

Also, has he sent you any documentation and if so in what form.

I think that it possible that your ex and my ex came from the same origin - the gutter.

I still find it hard for me to get my head round the fact that I was divorced before my final hearing (in front of a very prejudiced judge) and my ex admitted that the funds which I was trustee of were not for me or him and only for him on my mothers death if we were still together (which I dispute and so does mum as she clearly states in her will that the only beneficiaries are me, my brother our offspring and one named beneficiary who helped her with her computer and she was only giving him £1,000 on her death) and that he allows his legal team to carry on ad infinitum ad nausium amen with claim after claim when family have dismissed them and confirmed that I am lawful, chancery has confirmed that also and Commercial have confirmed that he and his legals are prejudiced and they have now transferred to Queens Bench and still make claims which the Judge says "there is no jurisdiction and if you continue you are breeching trust (he said it is covered under equity - which is the same thing - at that level you should understand that).

Oh well, I really do think you should put together your information and ask the court to consider a civil restraint under court management powers CPR 1 - 10.

If he is thinking of reducing his hours in 2013 why is he even applying in 2012 let alone the other aspects of ability to pay and the fact that he is married and presumably his new wife makes a financial contribution.

I would possibly consider Tort (wrongs not covered under contract) as his new wife has no rights to get involved in maintenence payments by an ex to an ex wife.

I would add that the benefit of getting a civil restraint order against a claiment is not to stop them having proper recourse in law to the court system but to give the claiment time to consider the merits of any claim and to stop a potential defendent and victim of malicous prosecution having to defend a claim or the thought of a claim in the first instance.

The civil restaint ensures that the claiment has to get permission from a Judge before serving a claim on a defendent - so the court prevents harrassment rather than the defendent feeling/being harrassed.

Civil restraints usually last for 2 years but I think in exceptional circumstances can last 5 years and in exceptional circumstances a life time - even then a judge must always consider whether there is merit in a claim and allow a hearing if on the face of evidence the claiment does have merit.

It would seem that he applied to the court using a D81

The original order was drawn up at Final Hearing, it was not a Consent Order.

I have not said that I agree for a variation

Many thanks x

If I were you I would get a solicitor. It is extremely likely that you will win this case. If you do then you should file a costs claim against your ex.

At the moment he is not getting any consequences for making application after application, since he is self-repping, all he loses is the court fee. If he loses the 14th then there is nothing to stop him making a 15th. But if he had to pay several thousand of your costs as well, he might think twice about a 15th application.

There is a diffence between self ligitants in FPR and CPR. It used to be that costs as a self litigant in FPR used to be restricted to £9 odd an hour but I think that this is uplifted to £18 odd an hour (charles is an expert on that).

However, due to the nature of your ex,s conduct you are crossing the divide of FPR to CPR and in CPR self litigant cost are assessed at 2/3 of normal solicitor costs.

For the avoidence of doubt therefore I would if I was in your position be putting forward to court two costs scheudules - one based on FPR and one based on CPR.

Good Luck.