A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


SM would ex pay less now he co-habits

  • Gillian48
  • Gillian48's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
17 Sep 12 #356453 by Gillian48
Topic started by Gillian48
I am currently trying to get SM increased - my ex has a new partner living with him - will her income, assets etc.. affect the SM payments I may get?will it mean I might get less as he now has more expenses to pay with a partner living with him?? Or does it mean I could get more as their household income has increased? It is just the 2 of them no kids - I have one child at college and another one just left Uni now living with me at home looking for employment.

  • WhiteRose
  • WhiteRose's Avatar
  • Moderator
  • Moderator
More
18 Sep 12 #356476 by WhiteRose
Reply from WhiteRose
You''ve not had a response, so I''ll give this a go;

If you go to Court for a upward variation, there is always a risk that after the whole re-assessment there may be a downward variation.

If you chose to go for a variation at Court, the crux for the formula seems to be the need for the increase by the receiver and the ability for the payer to pay.

As far as I''m aware your ex''s new girlfriend''s income/assets etc. are not taken into consideration, but his household expenses may be deemed to be halved as he''s sharing the costs.

So Bills & rent etc. could be reduced by 50%.

Its always worth calculating the gain of a potential increase pa vs the cost of returning to Court and factor into that the time since the last Order and changes that may mean there may not be an increase or infact a decrease or Nominal may be ordered.

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
18 Sep 12 #356481 by rubytuesday
Reply from rubytuesday
The problem here is that you have only been awarded nominal SM of 5p per year, LittleMrMike has explained about applications for upward variations on SM, and the risks involved on one of your earlier posts - see here

  • Gillian48
  • Gillian48's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
18 Sep 12 #356483 by Gillian48
Reply from Gillian48
Thank you for your response - I currently get 5p a year so I guess it could get reduced to 1p? My household income yearly is 11k to me being unable to work as I have a debilitating illness - I rent a property. His income is £85k a year not including his new partners salary etc... There are significant changes since the order was put in place my kids are no longer in education so I don''t get csa, tax credits, child benefit. This means he is now an extra £500 a month better off aswell due to not paying me csa payments. I thought it was worth the risk as the difference in household income is huge and he could easily pay more and I guess if it was decreased I could lose 4p a year! The only problem is the cost to go back. I presume if the partner is contributing in household bills that would work in my favour as it means he would have more ability to pay?
Thank you for your response I think this is what you mean??

  • Elphie
  • Elphie's Avatar
  • Platinum Member
  • Platinum Member
More
18 Sep 12 #356500 by Elphie
Reply from Elphie
Yes, you''ve pretty much got it. I doubt they will decrease a nominal pay, your only real risk is that you aren''t awarded sm and you''ve still got to pay your costs of going to court.

  • somuch2know2
  • somuch2know2's Avatar
  • Platinum Member
  • Platinum Member
More
18 Sep 12 #356501 by somuch2know2
Reply from somuch2know2
I sympathise with your illness but did you have this when you first went to court as this would have been considered and the judge would have been aware that the kids would be out of school in x amount of years- So not sure this qualifies as a ''significant change''

Just because your ex has a new partner on a good income is not justification for you to get more money, otherwise how would people every be able to truely move on without fear that a second bite of the cherry was on the horrizon?

  • Gillian48
  • Gillian48's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
18 Sep 12 #356593 by Gillian48
Reply from Gillian48
I have had my illness for 30 years and worked most of the time we were married until I was forced to leave. This was not considered by the judge at all - and yes it was pointed out that the kids would be leaving school. The significant change is that my income has greatly reduced and outgoings greatly increased - whereas my ex''s expenses have greatly reduced and his income has greatly increased. I have no idea what my ex partner earns - - all I know is that my kids are suffering and I am struggling to look after them financially. It seems to me that once we got divorced he has no obligation to ensure his kids have what they need. He divorced me not his kids although he never bothered with them when we were married - partly the reason for divorce. I go without to ensure they have a home and are fed - just don''t understand why this should be the case when this maintenance order is open - what''s the point of it then? I''m not asking for a lot just enough to ensure that they have what they need. Why should they suffer??? just because their father doesn''t care - he can punish me all he wants I''m used to it but i''m not understanding why they have to suffer. I dont want a second bite at any cherry but if there is a maintenance option open why can''t it be used?? He agreed to the sm to be left open if he didn''t want me to go back why agree to it?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11