Divorced May 2005, awarded joint lives SM. Exh unilaterally stopped payments March 2012 without making an application to vary. He is high earner, me ill health retirement and have a small pension. Applied for enforcement, he applied to have his liability under the order of 2005 to pay SM dismissed.
FDA at the end of June 2012 it was ordered by the DJ that exh reinstate SM and a joint actuaries report be obtained with a view to pension sharing.
On 14th August he decided to flagrantly ignore the order and refused to comply with the previously agreed actuary or any report being done, stating it was not necessary as no pension sharing order could be made! It would appear that neither he or his solicitor have put into that well known search engine "Variation of SM order".
We applied to the court for enforcement of the order made June 2012 and have a telephone hearing on Friday 1st Sept.
Low and behold today I have received a copy of his application to have the orders made by a DJ in June deleted and, wait for it..........
They have enclosed their own "DRAFT" order they want it replaced with!
I wont bore you with the details but the gist is that I should sell my home and move into a one bed property to free up cash and will no longer need SM.
I have steam coming out of my ears and flames from my nostrils! Will this man ever leave me alone. I so hope his behaviour lands him in the sh1t one day.
The application to rescind the previous order is likely to be referred to the judge who made it. That judge is likely to say "the correct process is to lodge an appeal".
The proposal that you liquidate your (sole?) asset to reduce your outgoings flies in the face of the joint lives maintenance order. If your ex was unhappy with the final order, he should have appealed at the time. His error then is being repeated now.
It sounds as though the court has a firm grip on the case and hopefully common sense will prevail. If that happens to be in the shape of a bat, then all the better
Its a mistake made all to often during variation applications, the judge is only there to decide if the order should be varied or discharged, if not, how best to enforce the existing order.
Any which way as you will read in the original order it must be payed until a trigger or further order of court.
You can`t just stop paying because you don`t want to pay anymore.
The usual rubbish is they complain the original order was unfair (preserve) the usual answer is then you should have appealed in time - we are not here to talk about the order its fairness or how the judgement came about, only variation discharge or enforcement.
One day when the last of the worlds sanity leaves earth and i sit as a judge i will introduce a new procedure.
Step one; listen to both arguments.
Step two; Pick up my hand made stupid stick, known as the donker.
Step three; Approach the time wasting so and so.
Step four; Donk, stupid man, donk, stupid man. donk, stupid man, donk, stupid man, and once a reasonable sized bruise is visible order he pays full costs.
Step five; suggest he has questionable parentage bad breath is a poor lover.
Step six; have a court officer through his sorry arse into the street.