Clarification of Court Order Paragraph

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itydntk
Posted by
Junior Member

12 Apr 12 #323362 by itydntk

Topic started by itydntk

Can anybody clarify what the following means:

2. There be leave, on 14 days notice, on the sale of the former matrimonial home, for the Respondent to bring this matter back to the Court for the purpose of reviewing paragraph 1 of this order and specifically the periodical payments.

Does it mean that at ANY time after the FMH is sold as long as 14 days notice is given then the matter can be returned to court

or

Only within 14 days from the date of sale of the FMH the respondent has the option to return the matter to court.

Fiona
Platinum Member

12 Apr 12 #323400 by Fiona

Reply from Fiona

My interpretation is that permission is given for the Respondent to apply to review spouse maintenance giving 14 days notice when the house is sold.

itydntk
Posted by
Junior Member

12 Apr 12 #323402 by itydntk

Reply from itydntk

Thank you for the response. But the question is can those 14 days be a week, a year or any length of time as long as it is after the sale. Is it forever an open option.

Fiona
Platinum Member

12 Apr 12 #323405 by Fiona

Reply from Fiona

I think it would be within a reasonable time of the house selling to reassess the situation. Any other change of circumstance would require an application to vary SM requiring further hearings so the financial position of both parties would be looked at again.

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