Is is possible for spousal maintenance to be re-evaluated one year after a judges enforced order where NO spousal maintenance was recorded?
The changes in circumstances are;
- XH has remarried
- XH owns 2 properties (one rental, no mortgages)
- XH now draws private pension
- XH new wife owns property (no mortgage) and has income.
- XW still no job or income, assets or property
- XW only receives money from marriage on sale of marital home (no interest)
- XW has NO pension.
- XW does cohabit
- XW cannot afford the bills on the marital home.
Children are jointly funded with a nominal £1 to XW - can this be reviewed, and which form is to be used?
Can anyone help? I have read the notes from DL 3 years ago.
I don''t know if a qualify as a wiser wiki but the short answer is that one would need ton see the order.
It would be common that the order would dismiss all claims by either spouse against the other except to the extent provided in the order.
If this is the case - as I suspect it probably is - then your freedom of manoeuvre is very limited. You see, the whole object of the exercise is to settle, once and for all, claims by both spouses against the other, so that both parties can get on with their lives in the knowledge that no further claims are possible.
In that case the only remedy would be if you could show that your ex had failed to disclose his assets or had made untrue statements ; and secondly that the order would have been substantially different if the true facts had been known. Another possible avenue is the so called Barder event, which in plain English means an unexpected event which alters the whole basis of the settlement. But such events occur only rarely.
As maisymoos has told you, if there is an order for SM, however nominal, it can, at least in theory, be altered but there has to be a clearly defined change in circumstances.
Another question would be if it is open to you to apply to the CSA for a variation in maintenance for the children.
If you can get an exact copy of the order ( I don''t need the names ) I can probably tell you whether you any chance at all. You can send me a PM if you wish and I will at least have a look at it for you. But it must be an exact copy, a precis is not enough.
With regard to CM if the order predates March 2003 the courts rather than the CSA have the powers to vary the order.
Either party can normally apply to the CSA 12 months after the date of an order made after 3rd March 2003. The order in relation to CM would then cease to have any effect. The exceptions to this is when there are step-children, one parent lives abroad or there are over 18s in education or training.