Spousal maintenance variation

Mysteriousgirl wrote:

Solicitors are also talking about no lump sum at all and a hefty downward variation which is what he has applied for. Surely this can't be right ? /

Who are these solicitors instructed by?

If it is what you ex says his solicitors are saying then take it with a pinch of salt.

If it is what your solicitor that you are paying for then they must be basing their advice on having all the figures and information relevant to the case.

You may not like the advice they are giving you but they will be experts with knowledge of the local area.

It's my solicitor and Barrister and his aswell. I'm paying them a lot of money to represent me and I expect them to take my instruction and argue for what I want but they are arguing back with me instead.
I'm at breaking point with all this. I've got the kids to look after I'm spending thousands in legal fees. At the last two hearings my barristers have reduced me to tears which I don't think is very professional of them !
I just don't know what to do. I can't see any options but to go to final hearing now and hope the judge is on my side.

I'm no expert and if you don't believe solicitors who you are paying a lot of money to there is no reason why you should believe me but I would take the solicitors advice. From what you've written it sounds like your case is built solely on what you think you are entitled to and while it may be hard to let that idea go it will carry no weight in court. The judge won't be interested in what you think you are entitled to he will consider need and ability to pay, your solicitor and barrister know this and while they are paid to do what you instruct they also have a realistic idea of the outcome. Be very sure you know what you are risking before you decide to fight it all the way to the final hearing.

Your solicitor and barrister probably work with whoever the judge will be on a regular basis.

They have all the facts.

They are experts who do this daily and have a duty to give you the best advice they can in order to get you the best deal possible even if you don't like what they are telling you.

As everyone says SM is based on need and ability to pay. You initially had an arrangement set up which met these criteria but as it would have said in the Order at the time it can be reviewed if things change. There was never any guarantee or entitlement.

If it is decided to capialise it so you get a lump sum the amount is never equal to what you would have got if it was paid in instalments for the remaining term. You would be able to invest the lump sum so this is taken into account.

Good luck if you decide to pursue it to final hearing.

Post how you get on it may help others in the future.

Both parties - your ex and you - have a duty to take reasonable steps to maximise their income.

If it is clear that one or other of the former spouses is
manipulating his/her income to maximise SM ( or minimise as the case may be ) the Court can simply ignore it and leave the maintenance where it is.

Personally I think such tactics are rather stupid, but I understand all too well the frustration of having to pay SM for a long time ( in my case 28 years ) with no light at the end of the tunnel. I can at
least understand why people in this situation will look for a way out - any way out.

If it is clear that someone is deliberately avoiding payment it can make an order transferring capital . This requires legal advice from someone qualified to give it. It's not something I would want to
attempt.

LMM

Thank you for the comments / advice.
The capital he had from his first business is now tied up in his new limited company which he jointly owns with another guy in equal proportions 50/50.
The company owns a few major assets and a small amount of cash in bank. Could the limited company be ordered release money or to sell some assets and force him to capitalise even if the other company director refuses ? I suspect they would try and block it as they derive their income from the business. Could the other business owner be forced to release these assets or forced to take out finance on the companys assets to pay me off ? I need to explore all angles here as I'm determined to get my money.

I hear your frustration and sympathise. However, if I were you I would bite his hand off.

Your ex cannot be expected to pay the full amount of 8 yrs maintenance up front without a discount (time value of money). He is not compelled to pay up front at all. If he is willing to pay £40k, presumably he is able to afford £1000 per month, and could do so (theoretically) 40 times and then claim poverty. He could claim poverty at any time before that and simply stop paying.

If he has a business of his own that he runs with a mate, they will present their affairs in such a way that he appears unable to pay.

I agree with you that he should do as he agreed. I agree with you that his business appeared at the time to be worth more than the home. The problem is that these appearances have changed.

I say this as someone whose ex agreed to pay child maintenance, and spousal for 4 years (I was a stay at home mum of 20 years, he a banker). At the time my lawyer advised that he would pay for a few months and then get bored of it. Sure enough. All his fancy businesses seemingly went bust and then to cap it all he went bankrupt. He claimed to have no funds, while still living in town and employing staff somehow. But nobody was interested.

Sadly there is little you can do to enforce the order if he claims poverty, and (as you are finding) to attempt to do so is stressful and expensive. I am in a similar position but have not (yet) paid money to a lawyer or embarked on a process of claiming arrears, as I have neither the funds nor the stomach for it. I have a poorly paid, very time-consuming job that I am grateful for after all this time - I do not want to jeopardise that or my mental health even though I believe my ex is morally, legally and financially reprehensible.

Hold out if you like for more than £40k, but take the money. My ex used to say 'possession is nine tenths of the law' - that seems to be the maxim he lives by these days. Let's face it, you're going to feel aggrieved now no matter what happens, what with the lawyers charging you to make you cry, everybody seemingly ganging up on you and your ex 'getting away with it'. Get the bird in the hand that you are being offered, and be glad of it. I would.