Downward Variation

Hi there,

My husband has been paying his ex £800pcm in spousal maintenance for the past 6 years. The order is due to end in 2020, once she qualifies.

In the interim she has received a sizeable inheritance (arguably it was evident at initial court order that she would receive help from her parents but was not taken into account), her income has doubled, and she has recently began cohabiting. When she qualifies her income will be x3 or x4 the income given on the original form E.

We also pay a sizable (above CMS values) Child Maint, but due to crazy ex no longer see the kid. We do not wish to change the CM order.

My husbands situation; his income has not increased, we have bought a house (v. small with unexpected small inheritance for deposit) and we have married.

As his circumstances have not changed, I am worried about application to vary - I am thinking we should try and agree a change with her... but that is unlikely as she is crazy, and greedy.

Or do we just suck it up? Hard when she lives the high life and we are broke....

Any thoughts?

Her circumstances have changed though. She has inherited money and is cohabiting.

Is there a cohabiting clause in the SM?

On what basis is CM paid. I know you say you don't want to change this but if using CMS would reduce it this might be the easier, quicker, cheaper option than getting SM varied.

Or you could think there is one year left to go. Your circumstances haven't changed so is it worth the hassle?

Thanks for the reply.

There is no co-habiting clause as we were cohabiting at the time the order was made.

CM is by court order as it is complex... we would pay slightly less if it was through the CMS... but we don't want to disadvantage the children - there is lots of complications with the kids.. we don't want to give her any more alienation ammunition.

We have been bouncing it around for years... but it is now just a joke. She doesn't need the money - has just spent £50k on her house, went on a 6 week holiday in the summer and is currently skiing, drives a fancy car. we are struggling to put food on our table. the system sucks, the family court system is broken.

also forgot to say in original post that she has qualified a year early... hence the wish to vary as she has completed training sooner than she said (by working more, and earning more!!)

All sounds like good reason to apply for a variation!