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Changine Spousal Maintenance

  • rhenson
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01 Sep 14 #443347 by rhenson
Topic started by rhenson
I have been paying spousal maintenance for just under 3 years, it is due to stop at the end of next year....

I am currently paying £285/month, which was based on my wife working a farily low paid part time job. Since then, she has retrained as a teacher and her earnings have gone from £6k to £22k.

I have asked to reduce the maintenance amount as she''s more than doubled he net income, but she''s refusing to consider it.

The cost of going to court would be more than the amount I would be reducing by !!! But I really do need that extra cash, as my earnings haven''t changed at all....

Any advice ?

  • WYSPECIAL
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01 Sep 14 #443353 by WYSPECIAL
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How much are you hoping to reduce it by? Presumably the SM was payable to enable this re-training to take place?

If you self rep then it wont be that expensive but like you say is it worth it if it ends next year and your circumstances haven''t changed.

Do you pay CM? If you are paying over CMS rates there may be savings to be had there while you are still paying SM and it would be cheaper to arrange than getting a court order revised.

  • LittleMrMike
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01 Sep 14 #443356 by LittleMrMike
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I know how you feel, but there is the possibility that your ex may apply for an extension ( unless the terms of the order specifically preclude this ). If the date specified for the termination passes without her applying for an extension, it will be too late - the order will lapse and cannot be revived.

As you say, there is the cost of the application to be considered.

My approach to such matters tends to be conservative with a small c. I know you could use the extra cash - obviously, couldn''t we all ? . In your position I think I''d be inclined to pay up on the nail, keep my trap firmly shut, and if the deadline passes with no application for an extension, then you just stop paying and by the time your ex goes to solicitors it is too late.

Your problem is that any application by you for a variation might be answered by an application on her part for an increase. Do you want to do anything which will send her to solicitors ?

LMM

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