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Variation Spousal

(3 Posts)
LadyFadgina Sun 13-Dec-15 15:19:34

So it would seem my XH has got bored of paying the amount he agreed to in the consent order that was finalised 2 years ago. He is happy to continue to pay the CM but says he cannot afford to pay the SM and wants to lower the amount. There have been no change in circumstances since the court order.

We both have similar net incomes, yet I have the children 85% of the time and have a house to maintain. So I'm not sure how he cannot keep within his means when I manage too with all the extra expenses I have.

His argument is exactly the same as it was 2 years ago, that I should give up my homebased business of 6 years and get a 'proper job'. At the moment the business works perfectly around the children and brings in around £10,000 pa net, no childcare, or travel needed.

He is demanding that I get into London and get a full time job, requiring season tickets, copious amounts of childcare, logistical mayhem (schools in opposite directions, too young for buses) for myself and the children. So that he can lower the level of SM.

The fact is that my solicitor 2 years ago calculated that with expenses, travel, childcare, vs the type of job I could obtain (PA who's been out of the game for 10 years - probably about £24,000 gross?). I'm better off continuing with the business. And yet he is dragging this whole thing up again, saying I'm not maximising my earning potential blah blah, am I going to have this every two years? Is so frustrating.

I'm thinking it may just be best to ignore his argument and if he defaults on payments according to the consent order I apply for adjustment of earnings. If he wants to apply for a variation, let him go ahead. But how successful do you think he would be?

babybarrister Mon 14-Dec-15 14:18:24

Message withdrawn at poster's request.

LadyFadgina Mon 14-Dec-15 14:44:47

Thanks Babybarrister, yes sorry I meant attachment of earnings, do excuse me.

Yes he is an employee, by a UK based company, and actually has received a slight rise, according to his P60 that he has to submit. So if he defaults I know that the attachment of earnings is an option at least, and one that I will most likely go for.

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