Spousal Maintenace

Hi,hoping someone can give some guidance. Following a 18mth court process the courts awarded spousal maintenace in the sum of £450 for a period of 24 months.

The ex sought to vary it downwards, he has susequently requested the matter be withdrawn based upon his salary now being better.

I am concerned that

1. He has lied about his salary and it is in fact ar higher than disclsed.

2. Desite all my concerted efforts failed to find work in my profession,the market is veery tough and cannot seem to get the positions.

3. i supported him in his career and he is doing very well

4.the order will mean this is a Clean Break,i have no pension and two young children in primary school.

Really would appreciate any thoughts on the above....

Should i accept the sposal mainteance of £450 for 24 months.
Seek clarification of his true income
He has been very dishonest throughout the process, and i feel exhausted....it was a very abusive relationship the thought of this leaves me in a perpetual state of stress....Please any thoughts greatfully received:blush:

Are you using the Child Support Agency (CSA)to determine child maintenance or is Child Maintenance included as part of the Order?
The CSA will require production of payslips.

Your SM was awarded for 24 months but was a bar put on it that would prevent you applying for an extension?
The reason your ex has withdrawn his application for variation is probably because he has realised he will have to fill out form E again giving full financial disclosure!

Hi,this for your reply. yes the CSA are involved and they have calculated a far higher maintenace than what had been previously disclosed.

The SM is indeed restricted for the two year duration.Thereafter, I can make no further pplication.

I feel given that I supported him,and paid for his studies etc... His career has excelled and mine has greatly suffered.


Should I accept his retraction,or fight to find he has higher salary.


Look forward to your comment.

P

If you ask the CSA for a copy of the information that they based their assessment on. You should be sent copy payslips.

I think you need to weigh up the costs of returning to court against what you may gain or lose in costs.
What do you think the difference between actual and declared salary is? Are you sure he hasn''t had a pay increase since the time he disclosed his salary for proceedings.

The problem is the uncertainty. There is always a risk that a variation to increase SM results in a decrease and vice versa. A judgment has to made as to what more information can be ascertained, at what cost and over what period of time and what the probability is for success. A lawyer who has knowledge of the law and to day to day experience of working with the courts is in the best position to advise.

IF based on evidence available at the time the court imposed an Periodic Payment Order for 24 months with a bar to extending the term and there was no pension sharing then there is no choice other than accept the order. To appeal you would need to have shown that since the time of the judgement new evidence has come to light of non disclose at the time of the order or the judge had made a "perverse" judgement no other judge could reasonably be expected to make. No pension sharing when the marriage was short and there are many years to save for retirement isn''t at all unusual.

So as the term can''t be extended are there enough months left and would the difference between disclosed income and the CSA assessment potentially make a substantial difference when you take into account any costs?

Thank you for your reply.

As we are both self representing, there are no legal fees.I feel the judgement was unfair on the actual Barr.

Given he has already accumulated a lg pension.

In terms of the CSA they have sent me a calculation but will otherwise not advise how they came to the calculation.

I feel I have nothing to lose,given he made the application to very the order.My circumstances are still dire.

I just feel dealing with him and having o cross examine him will be tough.

Do you recommend an ancillary barrister within northern region who could possibly attend. I had to undergo 5 hrs cross examination with him and it was hell.

ANy Recommendation Appreciated together with pointers I can raise on the day if barrister too costly''


This P