Maintenance

Hi there - was wondering if anyone to offer me some words of wisdom....

I am recieving maintenance, that was ordered by the judge in the final hearing in August last year.

I''ve just found out he''s writing to the court since May this year to change the maintenane but the judges have initially rejected this.

I have since had a letter from his solicitor asking me to complete an E2 form and send it to him with my bank statements - saying he has applied to the court for a new hearing based on my ex''s belief that I am now in employment and he wants to stop paying maintenence.

I''ve submitted an application to the court to dismiss any application he has made for a variation order, with evidence of my unemployment, based on the fact that my circumstances haven''t changed so there are therefore no grounds for a variation order.

What I''m confused about, is that I thought maintenance agreed at a final hearing was final unless we die or I remarry. Can he keep doing this, applying to vary ?? I can see this happening every six months for the rest of my life, if he''s allowed to do this !!!!

An order for variation spousal maintenance ( up or down ) can be made at any time on the grounds of changed circumstances. Section 31 of the Matrimonial Causes Act 1973.

Your ex cannot, or should not, merely stop payments. If circumstances change he should apply to the Court for a variation.

LMM

Thanks LLM. Will look that up in the law library.

Doesn''t he have to have some proof though to make an application - he is doing this because he believes I am working, which I''m not and can prove, fortunately.

He can''t stop payments - I had a sense to get an attachement of earnings, much to his and his solicitors annoyance.


Thanks again.

To succeed in an application for variation your ex will have to prove a change of circumstances, as you will see if you consult s 31.

If he can''t prove this his application is likely to fail.

LMM

Excellent - thank you so much for confirming this.

I submitted an application to dismiss his request for a varition, with evidence confirming that I am not working to the court, the day I received his solicitors letter advising me they were taking me back to court.

So he''s not going to get anywhere fast. As he has no evidence that I am employed.

It is for him to prove a change of circumstances, not for you to prove that there has been no change.

But having said that, if he submits an application for variation. both of you will have to file financial statements. That means that if you are employed you must say so.

The Court looks on the situation as a whole - not just yours, not just his.

Not what you want to hear but you want me to be honest, I''m sure.

LMM

hi Siwill

sorry to impose here

could you explain attachment of earnings?

I am fresh out of the final hearing - joint lives spousal maintenance.

he''s saying the business we had together is almost insolvent which isn''t true as in the bank satements form E

but he will fold it and plead poverty

the FMH is up for sale to split - not enough left to re house

regards