nominal spousal maintenance order

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.

Hi
From what I have read a nominal order is very common in a Concent order to protect the party should they fall on hard times.
There is always the possibility of the SM being varied at a later date, but it depends on your ability to pay.

LB

Q1. How likely is it that a judge would deny the order without it?

The probability is quite high, some judges have a very strong view and will almost always refuse the order, a few will allow under some circumstances.

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?

Its not a case of he earns more so ill apply to vary, there would need to be a change in the mothers income for it even to be a potential.

Q3, Has anyone had experience under what circumstances an application to revise an order would be granted.

Nominal orders varied upwardly are quite rare, there is a solicitor on wiki who has seen a couple in a long long time.

If a mother can`t work for whatever reason then she can apply to vary, to be successful the parent with care needs to show a reasonable need, note reasonable, is not an "i want" its what the parent needs, if there is a genuine need then the next question is does the potential payer have the ability to pay, if the answer is no the application will fail.

Thanks to lostboy and dukey.

I understand the court''s desire to provide a safety net for the ex-spouse, after all what affects her in-turn affects our children. It just sticks in the throat a little, especially when I don''t have the same "safety net" myself.

We have an agreement to keep my child maintenance in-line with my salary, so if I earn more, she''ll get more through CM anyway.

As you say, it''s up to her to justify any variation.

minusnine

The safety net as it were is for the children, what it really means is that if the parent with the majority of care cannot put food on the table they can ask for help, the reality is that the vast majority of none resident parents would help without court ever becoming involved.

Sometimes we can over think potential situations, i did very much the same a few years ago, not one of the problems i thought could happen did, its often the case.

Im very much trying to get the same conditions in mine with a bar 28 (i think its called).

Its very hard to look at her income vs mine once all the benefit, CM, and SM is thrown in as she actually is 1500K better off a month than when we were together.. but onward and upward.

Try to get the bar in- and hope she remarries.

Its a section 28(1) bar which means once the nominal order runs out no further application can be made to extend the order.