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maintenance payments under separation agreement

  • Mark111
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01 Jul 12 #340399 by Mark111
Topic started by Mark111
Hi,
A Separation Agreement was signed in September 2002 and we''re now divorced. Ive been paying child maintenance in excess of the amount stated in the agreement until last month when I lost my job. How can I change the terms of the agreement on maintenance to reflect my change in income?

Thanks

  • Fiona
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01 Jul 12 #340402 by Fiona
Reply from Fiona
You can either negotiate an agreement with your ex to reduce payments and have it minuted by a solicitor or apply to court to vary the agreement.

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01 Jul 12 #340408 by Mark111
Reply from Mark111
Thank you for your reply.

Can I apply directly to the court, how can i do this? or can it only be done through a solicitor?

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03 Jul 12 #340968 by Fiona
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Now you''re asking! It used to be that you could apply for a variation by minute using the procedure in the Ordinary Cause Rule 129 in most circumstances. The rules have recently changed but officials at the court can give you a steer towards forms and procedure. Having said that court rules and procedures are still quite complicated and if you aren''t sure you may be better off using a solicitor.

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