Re: Maintenance - variation of court order

I'd really appreciate some help and an honest opinion - my marriage broke down in 2001 after 11yrs marriage, my ex-husband was and still is very successful - through perhaps ignorance my husband told me business wasn't going so well, so we sold the marital home £440, bought myself a home for me + 3 children £250 - and he transferred the remaining mortgage to me £115,000. Whilst divorce proceedings were taking place he was renting a 1 bedroom flat (I remember feeling v guilty at the time).

He pays me very good maintenance for the children £1800 per month for all 3, he has them stay 26 times per year. I am concerned because we may have to downsize as my finances barely cover what our outgoings are, yet miraculously his 1 bed flat has now grown to a 6 bed detached! As the parent who has had most bearing on the childrens upbringing, I feel that he is "rubbing my face in it" - and I possibly think he may have not disclosed the full financial disclosure facts based on his lifestyle now. The knowledge i have is that because he is a ltd company, accounts are public knowledge it is in black and white that his company's assets are a fraction short of a million. Maybe writing this makes me sound bitter and twisted in that he has remarkably turned his life around etc, but my main and only concern is that through no fault of my own I will pay for my own ignorance. I have had people say various things such as he can be challenged on the grounds of non disclosure of material facts etc. As CM for my eldest will be ending next month...thats another story...(the Consent Order my solicitor drew up included the sentence "he pay periodical payments until completion of a 1st university degree" - he had this omitted by his solicitor, thereby it stops.

I just don't know which route to take. Obviously I don't want to lose the house particularly as I know full well the children will never leave home! I also don't relish the prospect of paying a fortune for legal fees and to get no gain from it. I'm just confused at the mo
caroline

I'm not clear whether we are talking about spousal maintenance here, or child support. The latter, as you know, ends some time when the children have grown up and are off your hands. But spousal maintenance, not necessarily so.

From what you are saying I suspect that you may be receiving some spousal maintenance but that it ends when your children grow up or leave university or whatever,.

If this is the case, it is possible for you to apply for an extension unless the order itself prevents you from doing this.
But this MUST be applied for BEFORE the order runs out. It is also possible for you to ask for a variation.

If what I suspect is the case, you need legal advice and very quickly.

Neither I, nor anyone on this site, could help you without seeing the exact text of the order.

Mike 100468

Hi Mike,
Many thanks for you reply. I'm sorry but I did not make myself clear in my post. The situation is that I am no longer receiving spousal maintenance as my ex and I have both remarried, but I am still receiving child maintenance for 17, 16 & 13 year old, with the 17 year olds ending the end of this month when college finishes. I believe I can apply for variation, but then I have the worry that it could go in reverse for me and he ends up paying less.
caroline

As far as challenging the original order is concerned it could only be challenged on the basis of non disclosure of material fact if there was new concrete evidence all the assets at the time of the order weren't disclosed.

With CM you may apply to have the term of the order extended and the finances would be looked at again so there is always the risk maintenance could be decreased as well as increased. Perhaps it's worth at least one solicitor's appointment to assess the situation.

Hi,
From the consent order and going by shares in the company at the time of the order - it appears that there is a discretion of around 150,000, would this be enough evidence as to non full disclosure?
My ex was a highly intimidating and calculating individual. I feel that he has completely pulled the wool over my eyes. I really need clarification that I have been "caught out", before I spend money that I haven't got.
caroline

Time is not on your side. What new evidence is there of the value of the shares and that he owned the shares at the time of disclosure? And when did the new evidence come to light?

Hi,
I guess the reason its taken a while to come to light is the fact of his huge lifestyle change from when we divorced (renting a 1 bed flat) to 6 bed house, caribbean holidays, loft conversions etc...it just opened my eyes somewhat. I feel choked that my kids may lose out through my ignorance. Based on the share evidence - he is the sole owner of a Ltd Company, Company shares at the time of Decree Nisi were 433,097 and his disclosure was 300,000, current day the shares are 990,000
caroline