Order Variation

[Alicehatter]

Hi MNers!
I don't want to drip feed but also don't want to bore anyone, so im going to try and give the main info..

Financial and Mesher Order signed off in 2021, EXH agreed to pay the mortgage on the FMH (which is entirely in his name 🙄) until youngest turns 18, instead of paying CM. We'd only bought the house just over a year before his head was turned - supposed to be the place we raised the kids.
No other financial contributions expected (or recieved) from him at all and he earns nearly 3 times more than me (although some of that unofficial).
Literally only has both DC for a couple of hours once a week, doesn't want more - doesn't attend any school events or buy uniform etc.

Interest rates have gone up and the lazy sod hadn't bothered to secure a new fixed rate once the last one expired, so his payments have gradually gone up too.

He's now split with OW and is living with a relative, so he wants out of paying the mortgage so he can free up some cash and get his own place after taking his name off this. I'm in no position to buy him out.

Got a letter from his solicitor this weekend, telling me he's going to court to apply for a variation to the order.
His income hasn't changed (confirmed in the letter), but he doesn't want to pay the mortgage anymore.
I did see a solicitor a couple of weeks ago after receiving a text suggesting he wanted out, and she said in the courts eyes his circumstances haven't changed either - he was living with someone when he agreed the orders and is living with someone now, so the only change is his monthly mortgage cost - which in all fairness is double CM.

Anyway, my question is, has anyone ever been through going back to court over a variation? How did it go for you if so?
I'm obviously seeking legal advice this week, but would appreciate hearing other stories of similar experience. Waiting around for solicitors and courts is a horrible experience 😢

If it’s a final consent order it can’t be changed unless it can be proved that the information on which it was based was seriously outstayed ( and this needs to be very material )

if there was any order for spousal maintenance that can be challenged fir a variation - again situation needs to materially change fir it to be successful

its not clear from your op what changes you are seeking

Oh ok i see he is

it does seem an odd order tbh and I can see why he’d want it changed …… wgat happens to hang house even kids 18? How long is that ?

Youngest is 9. The house was supposed to be sold at 18 and he gets 50%. I was lead to believe this is perfectly normal with it being instead of CM?! If he were paying that instead then he could pick and choose whether he pays it as he's self employed, so originally solicitor suggested this way to protect me and the kids and I couldn't get a mortgage.

Tbh the particulars of the order aren't my concern as such, it's more that he can suddenly decide he wants to go back to court and try to change it 18 months later!

Completely not normal

usually in Meshers you’d be responsible for the mortgage payments and he’d retain a share of ownership, deferred equity really

akso it’s highly unusual to have it instead of cm as you could now claim that as jurisdiction moves to cms after 12 months

tbh does not sound like a good deal for him at all

can absolutely see why he’d want it change but in reality probability of that is very lpw