Ex applying for change to final settlement

Hi,

I am divorced and had a financial order in place that was agreed around 18 months ago. I have heard from the Ex recently and she said she is taking me to court to ask for spousal maintenance. Her reasoning is that interest rates have gone up in that time so the mortgage is more expensive and my child maintenance has gone down as my eldest child has just turned 18 and has a job. I guestimate this means she's probably about £150 a month worse off. I think therefore she is doing this to make up the deficit. She said as it is a joint mortgage on the house, I should help with the payments, even though the order says she is liable to pay them as she lives there.

I tried to explain that these two events were not a surprise (child turning 18 and i'd warned her a long time ago before the order was agreed that interest rates were likely to go up), but she is still adamant she has a case after speaking to a solicitor.

As I understood it the order is final and there is even a section in it that states 'neither party shall pursue the other' in the future.

Can she do this and what are her chances of success? I havent had a payrise since the order was written up, and I have higher expenses as I have moved in with a partner and her 2 kids. I am also paying circa 50K of marital debt off as part of a debt plan that she refused to acknowledge (as did the court) she should morally be responsible for half of.

I have read about an adjustment order which is what i'm guessing she will go for, but that only mentions varying an existing maintenance order, of which there ism't one in this case, not even a nominal £1 a year one.

If it does go to court I can't afford legal advice through a solicitor as they are at least £200+vat an hour around here.

thanks
teddy

The way I understand things is the same as you... Clean Break order = no more hassle, what’s agreed is agreed, they are on their own? Surely the now working child can contribute the £150 shortfall?
I would also be interested to know if what is agreed can be “ADDED TO” as this is totally unfair and against a court order where “Neither party Perseus a claim against the other.

teddythepug wrote:

I tried to explain that these two events were not a surprise (child turning 18 and i'd warned her a long time ago before the order was agreed that interest rates were likely to go up), but she is still adamant she has a case after speaking to a solicitor.

The solicitor will only be able to advise on the information they have seen. When people tell you something that starts with "My solicitor says...." always take it with a large pinch of salt as it is always something that is in there favour. She is hardly likely to tell you that her solicitor says she hasn't got a leg to stand on. It is all hearsay. If a solicitor does write to you asking if you have any proposals just point out the section about "no further claims."

As I understood it the order is final and there is even a section in it that states 'neither party shall pursue the other' in the future.

Can she do this and what are her chances of success?

If the Order dismisses future claims then she cannot make a future claim!

Dig out your Order and read exactly what it says.

Hi,

Thanks for the reply. Yes that I exactly what I suggested, that my eldest now pays some 'rent' as she is earning.. £100 a month or something similar.

I'm still hoping at this point it is bluff, so I'll sit tight and wait for the court letter if there is one.

I was just wondering if anyone else had experience of this happening to them and how it went.

teddy

WYSPECIAL wrote:

teddythepug wrote:

I tried to explain that these two events were not a surprise (child turning 18 and i'd warned her a long time ago before the order was agreed that interest rates were likely to go up), but she is still adamant she has a case after speaking to a solicitor.

The solicitor will only be able to advise on the information they have seen. When people tell you something that starts with "My solicitor says...." always take it with a large pinch of salt as it is always something that is in there favour. She is hardly likely to tell you that her solicitor says she hasn't got a leg to stand on. It is all hearsay. If a solicitor does write to you asking if you have any proposals just point out the section about "no further claims."

As I understood it the order is final and there is even a section in it that states 'neither party shall pursue the other' in the future.

Can she do this and what are her chances of success?

If the Order dismisses future claims then she cannot make a future claim!

Dig out your Order and read exactly what it says.

Hi Thanks for the reply,

Yes that is what I thought.. I'm assuming there can only be one order made? Or can she request a new, additional maintenance order is drawn up?

I'm probably overthinking this, but I am a born worrier, so obviously this rearing it's head again is not welcome news for me. It took around two years to agree the one I have currently and cost me thousands. I can't go through that again

teddy

No she can't make any new claims if the Order states that no further claims can be made.

She may well be down by more than you think as she will have lost Child Benefit and tax credits as well as the maintenance you paid.

It will get worse when your other children get older and that income stream ends.

She has to accept that the cash cow dries up!

She mentioned something about "not understanding what she was signing" when the original order was made. Is this a reason to re-open or alter it?

She had a solicitor back then who would have advised her, who wasn't present in court but did read the order and witness her sign it etc.