Hi, this is my first post, but I have been using the site for a while now, so to start with I''ll say a big thank you!
My ex-wife and I separated in February 2011, we subsequently sold our home and split the proceeds equally back in July 2011 and have since received our
Decree Absolute in January 2012. I have been paying maintenance for our 2 daughters, aged 9 and 6, they both live with her and I have them for 4 nights every other weekend, so 2 nights per week on average. I also see them some evenings in-between. My maintenance payments are as calculated through the CSA, though I pay her directly. Things between us are difficult, but we are making progress.
We are in the process of negotiating a
Consent Order. The main components of which are; 1.
child maintenance, which has been agreed; 2.
pension sharing (from me to her), which is under dispute; 3. Spousal Maintenance, currently agreed as below;
My solicitor has advised me that a court would throw out a
Consent Order with no nominal spousal maintenance order. She advised me that this is due to the age of our children. We have however included clauses for it to cease upon her re-marriage, cohabitation (for a period of 6 months or more) or finally when our youngest reaches the age of 18 (or leaves full time education).
If she doesn''t remarry, or move in with her boyfriend I don''t want this fear of her coming back for more hanging over me for the next 12 years, so;
Q1. How likely is it that a judge would deny the order without it?
Q2. I have limited my earning potential for a number of years because I wanted to work locally, now that isn''t such a priority I want to start looking to increase my income. Does this open me up to her requesting it be revised upwards?
Q3, Has anyone had experience under what circumstances an application to revise an order would be granted.
thanks in advance.