Variation to court order

I've just received an email from my ex to say that he's now redundant and cant afford to pay my maintenance anymore. He has been paying this to me since our divorce(9 yrs ago). He has said if I dont go to mediation he will make an application to court to vary the order. He has remarried 5 years ago, my last child is 13, the other 2 boys have left home.
Can anyone tell me whether he can do this and how much will my maintenance be reduced to?
In the court order it says he has to pay until he dies but he is now asking for a time lmit.

I am worried as I am now working now which I wasn't at the time of the divorce. Can he force me to move out of the marital home to something smaller?

He has been paying me £800 a month SM, and £200 for my son.

There are, of course, two sides to a situation like this !

The short answer is that he certainly can apply for a variation on the grounds of changed circumstances. If he is indeed redundant it's pretty certain he will get a reduction.
I can't say how much this is likely to be, but you can't get blood out of a stone. If he hasn't got the income to support paying you £1000 a month then he can't pay you what he hasn't got. In addition to this, there has been a further change in circumstances as you are now working.

The child support is calculated according to a statutory formula but if your ex is on benefits, then I for one can't see a Court making more than a nominal order for spousal maintenance which can be varied if he can find another job.

As to forcing you to leave the house - probably not but would you be able to afford to live there ?

I think you ought to go for mediation, frankly, It's a
heck of a sight cheaper than going to Court. It would also be well worth your while getting a benefits check. If you are on a low income it may be possible to get help with the mortgage through the Social Security system.

Mike 100468

Thanks!
I really don't like the idea of mediation and being in the same room as him.

Surely if there's a court order he has to pay and find the money from somewhere even if it means him taking out a loan or selling some of his assets??

The other worry is that I suspect he is after putting a time limit on my SM - ie until my son leaves school. I don't think this is fair.

If you do not believe that the Court can suspend, vary, or discharge an order, would you please care to refer to section 31 of the Matrimonial Causes Act 1973.

If your ex is unemployed then I assume he must be on benefits. Social security benefits are intended to be pitched at a level which is the minimum the claimant needs to live on.

Leaving aside child support, therefore, the Courts will not make an order which will put your ex below subsistence level.

If your ex is unemployed he will be entitled to legal aid and therefore the cost will not be a deterrent. I think you would be well advised to consult a solicitor who offers free legal advice for 20/30 minutes. I will be surprised if the advice you get is any different.

I should have noticed that your ex had re-married. This could have a bearing on his entitlement to legal aid.

Maintenance payments depend on your needs and your ex's ability to meet them or make a contribution to them. But the order was made on the basis that your ex was in full employment and earning a reasonable salary. Now that he is on the dole, a reduction, or suspension, looks inevitable to me.

Mike

Mike thanks, but surely he should be made to sell one of his cars to pay me, or use some of his savings that I reckon he must have? And what about his job - if he gets another one after being made redundant will he have to pay what he owes in arrears? By the way, he's not claiming benefits yet, as far as I know.

Not knowing what your ex has, it's impossible to say. He may have savings over £16K if he is is not claiming benefits, but
in that case he will have to live off the savings.

You are right inasmuch as your ex has to keep paying under the Court order unless the Court varies, suspends or discharges it. But you need to be aware that the Court has power to remit arrears and would normally do this if the payer had become unemployed.

I know this isn't what you want to hear but the fact remains that I did this myself - on retirement - so I should know.

Mike