My final hearing judgement granted spousal maintenance as a segal order. My ex wants the Consent Order to state this will be payable after the FMH is sold, my solicitor says she does not believe the judge intended me to have to use my share of assets to cover my income needs until the home is sold and that it should be payable from the date of the hearing .
The judge accepted my income need and stated that in his view it was affordable. Is the only way to resolve this a further court attendance?
It is a court order and not a Consent Order. The judge decided what was to happen and if your ex does not comply, he is breaking the order. How exactly is the order worded at present? If it is ambiguous you may need to seek clarification. If it is clear but he just does not like it, then he would have to appeal or apply for a variation ... but I wouldn''t rate his chances of success so soon after the FH.
Thank you that is the problem the order does not give any detail about when it payable from. It just says the global rate less CSA payments. Think we will probably need to return to court to seek clarification