He says he is working 70hrs a week but he isn''t! He says that he is stressed, he is $7 so quite a way from retirement. His colleagues work in the region of 40 so I think he is exaggerating a little.
I am working full time but earn about a fifth of his salary and have brought the children up on my own.
SM was originally ordered with the view that I would work. There were few assets on divorce, enough for a deposit on a house so I had a sizable mortgage to house the children and there was no pension share.
I have not remarried and am not cohabiting and still have 2 kids at home
I know exactly what you are going through as my exh''s solicitor sent me a letter in March saying ex had no intention of paying my sm any more and if I didn''t sign a letter releasing him from his liabilities under the joint lives order, he would take me to court!
Well I didnt sign and we have had our first court hearing, what my exh did not realise is that we both had to give full financial disclosure, file form E again but its also a new, more detailed form. My exh is cohabiting with the OW & there are lots of questions about her financial status.
My form E was filed on time with full documentary attachments, I got his, unsigned, half filled in & no documentary evidence, the night before the hearing.
The owe-nest is on the payer to prove they are unable to pay, if he is using ill health then he will need medical reports to back it up. Variation is risky as it can go up as well as down, it also means that pension sharing can be re-visited.
As NWTT said variation can be risky and costly if unsuccessful.
The long and the short is you cannot vary because you want too, there needs to be a good financial reason for making the application, it also must be based on facts as they stand, not what may happen in the future.
If he does reduce his hours and it is reasonable to do so then capitalisation becomes an issue, its not all about what he earns its more can he afford to pay as ordered, some chose to reduce income to vary thinking ill give it a year and go back to what i did earn, yawn, meaning you could apply to vary to reinstate the order in full.
If he wants to vary let him try, don`t agree anything with him unless you have talked it through with a solicitor, there are pitfalls so care must be taken.