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1 year on Refusual to Pay Spousal

(5 Posts)
unicornspooprainbows Mon 30-Nov-15 09:23:40

Consent order finalised 1 year ago, spousal maintenance was awarded to me, to be paid until I had been living with someone for a year, or I remarried. My partner moved in in January 15, we split in October 15, 9 months on. XH doesn't seem to believe me.

I received an email from XH saying he will cease spousal maintenance from January 16. This will leave me without enough to pay the mortgage, for which he is liable. His circumstances have not changed, nor have mine (apart from the 9 month cohabitation which is no longer, effectively I am in same situation when order was finalised by the court). Can I apply for an Attachment of Earnings? How much will this be, I cannot afford hefty solicitors bills, can I apply for court cost to be paid by him as this is being caused by him?

Also I have issues with inappropriate behaviour during Contact Time see here: www.mumsnet.com/Talk/legal_matters/2505516-what-can-I-do-about-this-unsuitable-environment-for-the-children with the children,

I was willing to give him a final chance, but now I feel if I cease contact now it looks like I'm doing it out of retaliation.

I'm at my wits end, any advice would be welcome.

unicornspooprainbows Mon 30-Nov-15 09:45:32

Going to put this in 'Legal' too

Itisbetternow Mon 30-Nov-15 17:46:56

It is my understanding that spousal mtnce can be stopped after a year and would be a court issue to start it again.

unicornspooprainbows Mon 30-Nov-15 18:11:27

Thank you Itisbetter - I understood that after a year it can be taken to court and the situation, if circumstances have changed (loss of job, illness, loss of earnings etc) be re-evaluated by the court. But the payer cannot simply just stop because he feels like it ( which is what is happening here) without a new court order in place. So I understand but maybe someone will let us both know for sure.

tinkerbella55 Mon 30-Nov-15 21:05:39

I was talking to my solicitor about how easy it would be for husband to reduce spousal maintenance (amount specified in consent order), she said same as you unicorn, i.e. can't just stop, need to go to ct & argue reason why it needs to be reduced/stopped.

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