Spousal Maintenance

Interesting doc NWTT!! Nice find.

Um Toystory, lets see, I am quite new to this forum so I have not read all of your posts relating to your situation.

Are you saying that he just left the UK to avoid paying maintenance? Was he working in the UK when you agreed your settlement? I think you mentioned in your previous post he earns over 100k...is this still the case?

Did he mention the reason he thinks he will be able to vary the payment downwards?

It is not going to look great on his part if he has fled the UK, you have enforced the order and the court has granted a charge on his house and after all of that he has decided to vary it!

Are you working yourself? I hope you have some money coming in to get you through the next hurdle before you get awarded the money from his house.

Are you able to go back to court and force a sale?

I dont know too much about the variation process, perhaps NWTT can shed some light if her ex failed in his application to vary...

Hi NWTT,

Thank you for that - it''s an excellent pdf - v comprehensive.

From your hearing in June has your ex started paying his arrears? How far did you have to go back on disclosure in your form E? I think the form e will be pretty daunting for my ex as from his past behaviour he is used to providing fraudulent information which was exposed during the FDR.

Am getting ready for yet another round of litigation - when will this end?

Keep me posted on your FH - and BEsT OF LUCK!

Hi Cherub3,

Hi thx for the words of encouragement. Yes you are right - he used to work here, made himself unemployed (or so he claimed) during financial proceedings and then fled the country to avoid paying - what a cad!
Lets see if the charging order makes any difference at all.
I am living off a student loan trying to get myelf back into work and ultimately to not be dependent on a selfish criminal who couldn''t give a toss about his kids.

Yikes Toystory, I read a few of your other posts...

Sounds like it has been a tough road and you have managed to take the moral high ground all the way, the only thing we can rely on is our principles in life!! Well done you.

I am stunned to read such things..

Has he fled the country gallivanting or do you know if he is working somewhere?

Hopefully NWTT will shed some light on the variation process. I see below that your ex was not truthful in the original form e. Is this what you were referring to in your post re benefits? Was he working AND claiming benefits?

Benefit fraud costs the country millions...and is taken very seriously indeed. I am surprised the judge did nothing as I believe benefit fraud stays on your record for life, if you escape a gaol term...

I am pleased to read your last statement about you getting on your feet independently, sounds like the sensible option.

Talk to us NWTT..

Hi Cherub3 and toystory,

Sorry its taken me time to reply, I have been unwell, nothing serious but, difficulty concentrating on powerful painkillers.

Anyway to answer your questions,

Yes he was ordered to pay all the arrears within 7 days and reinstate monthly payments. It took him nearer to 3 weeks but he did pay it all. Since then he has continued to pay monthly, all be it late, in the form of a cheque written by OW but its payment!

At the same hearing it is written in the order that we appoint a joint actuary to give pension sharing information, needless to say he flagrantly flouted the order so enforcement no 2.

Due to now having to wait for the actuaries report, FH was postponed, yesterday I got the new date:
14/2/13

It really does go on and on and on.

I was away all day yesterday to see the barrister, not a good start to the day ( train delayed the carriage full of under 10''s on a school trip.... wont bore you with the rest but even though he says I have an excellent case, I will have to pay my portion of the costs. In brief, I will be significantly worse off at the end of all this, less income as pension share taxed, no savings having paid legal fees and may have to borrow more if it goes on any longer!

Meanwhile the ex and OW are having their 5th holiday of the year, a month in America, not sure where the justice is in all this.

Stay strong and if you want any more info let me know

NWTT xx

Thanks NWTT.

Sorry to hear your update and another delay has come your way. Chin up.

Toystory - I was out to dinner with a friend of mine yesterday who is a barrister, he obviously doesn''t know the ins and outs so this is not legal advice per say. Nevertheless on the brief background I gave him, he suggested that if your ex will agree to sell his property in the UK (or the courts force a sale) perhaps you should try and negotiate a year (or whatever is appropriate in your case) maintenance payments as a lump sum in return for a Clean Break, that way you wont have to worry about monthly payments coming in, well at least for spousal.

When and or if the property is sold, if he is in Asia you may struggle to enforce the order moving forward...just a thought.

Hope it helps!