I'm an IT contractor, divorced for 1 year, and have recently been laid off, so have not worked for 1 month. It not being the best time of year for new contracts, I was wondering what recourse I have, given that I do not have limitless cash resources to keep paying spousal maintenance. Any advice gratefully accepted!
1. Is the SM being paid voluntary or under acourt order
2. Is a CSA assessment in force
If SM voluntary advise spouse in writing your plight and pay such SM as you can afford
If made redundant use the redundancy payment to pay SM for the redundancy notice period advise spouse of payment + proof + efforts being made to get new job and suggest that if you cannot pay rather than waste resources making application to Court to vary what you suggest is that the SM stays in place for now and that when you get a new job your spouse agrees to remit the arrears whilst you unemployed..ask her to confirm her agreement in writing to that suggestion...if not tell her in writing that if not she forces you to seek a variation and if so you reserve your position on costs.
Tell her the advantage of doing matters that way is she always has an order in force...if you go to Court to vary and the Crt amends to a nominal order she has the expense of making another app to Crt to get a new order (more expensive!!)
Thanks for the reply, as always the situation is a little complicated. As a contractor I don't get notice period nor redundancy, and the court order for SM is at such a level that I was uncomfortable going onto the housing market (back in late 06) due to job and equity concerns (I ended up after 20y marriage with 50k of under-performing endowment policies, and so was looking at v.high mortgage repayments). In short, right now I have some savings, so could last maybe 3 months before going into debt, but my point is this - can the courts demand I sell for their residual value the endowments, on the basis that I am currently renting property for the reasons above?