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Child Maintenance Payments
3 Answers
We have just had a first hearing at the court to have my husbands child maintenance payments reduced, since the original hearing we have had a child now 3 and his earnings have reduced due to starting our own business. Despite his ex wife living in a mortgage free 5 bed detached house, she is trying to increase payments and will not disclose her partner ( of 4 years) earnings and is claiming that she is trying to support their daugher who is 12 of her salary �10k a year.
The judge has said that my husbands reduced earnings and our son is not relevant in assessing the payments.
I am so cross that his ex wife can get away with this, I have 2 other children and have worked full time hours my entire life to pay for my overheads whilst she sits there doing 12 hours a week and pleads poverty.
Is there anything else we can do? the final hearing is in January
The CSA cannot get involved as there is an exisitng court order in place.
Many Thanks
V pi$$ed off Black Noir
The judge has said that my husbands reduced earnings and our son is not relevant in assessing the payments.
I am so cross that his ex wife can get away with this, I have 2 other children and have worked full time hours my entire life to pay for my overheads whilst she sits there doing 12 hours a week and pleads poverty.
Is there anything else we can do? the final hearing is in January
The CSA cannot get involved as there is an exisitng court order in place.
Many Thanks
V pi$$ed off Black Noir
Answers
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I am afraid there is nothing you can do.
As you say, the judge has decided, based on all the facts, that your present husband's earnings are not relevant, and I have to concur that this is the state of affairs insofar as it takes you. I have thought about recommending you to appeal, but I don't think that will get you very far either.
As you say, the judge has decided, based on all the facts, that your present husband's earnings are not relevant, and I have to concur that this is the state of affairs insofar as it takes you. I have thought about recommending you to appeal, but I don't think that will get you very far either.
Ok lets give a little more detail here so everyone can get an accurate picture here:
When I seperated from my exwife I carried on paying the mortage of some �1200 per month for a full year until the divorce came through. The consent order was signed and I agreed (without legal advice) to pay her �400 per month. About 2 years later I applied to vary it as I thought that compared to CSA calcs this seemed a little high. The day before the hearing my ex sold our matrimonial home and walked away with about �120k of equity. She didnt declare this or her new partners earnings on the forms. It was varied down to �350 per month. Now again I need to vary the order once more as I have a new child by my 2nd marriage and my earnings are less than they have been in previous years. In the first hearing the judge told me that as far as they were concerned my new son is irrelavant to the payments, how can this be when its supposed to calculated on affordability. I have also spent the last 4-5 years paying off debts incurred as a result of walking away from my first marriage.
Combine that with everything Black Noir has said about our case and you can see that I believe I have got the rough end of the deal here.
When I seperated from my exwife I carried on paying the mortage of some �1200 per month for a full year until the divorce came through. The consent order was signed and I agreed (without legal advice) to pay her �400 per month. About 2 years later I applied to vary it as I thought that compared to CSA calcs this seemed a little high. The day before the hearing my ex sold our matrimonial home and walked away with about �120k of equity. She didnt declare this or her new partners earnings on the forms. It was varied down to �350 per month. Now again I need to vary the order once more as I have a new child by my 2nd marriage and my earnings are less than they have been in previous years. In the first hearing the judge told me that as far as they were concerned my new son is irrelavant to the payments, how can this be when its supposed to calculated on affordability. I have also spent the last 4-5 years paying off debts incurred as a result of walking away from my first marriage.
Combine that with everything Black Noir has said about our case and you can see that I believe I have got the rough end of the deal here.
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