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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Maintenance after change of circumstances

81 replies

Nachotortilla · 07/02/2025 09:37

Hi there.

I was awarded spousal maintenance + child maintenance as part of a 'global' order three years ago. I was not working at the time.

About a year after the order was made I agreed an informal 50-50 arrangement with exh and returned to full time work.

The global order expires in two years' time but my exh wants to end it now.

He says I no longer need the spousal support and with 50-50 established no child support should be payable.

Can he do this?

He changed his job to a lower paying, more flexible one so he could have the kids more. Our earnings are probably now about equal. I got the biggest share of the MH so I don't have a mortgage. He does have a mortgage. He claims the living costs + maintenance amount to more than he earns.

But the job change, the 50-50 and buying a mortgaged home were all his choices, made after he agreed the global order.

Anyone have any thoughts?

OP posts:
hannah897 · 07/02/2025 18:20

I feel like this is a reverse as someone has posted an identical scenario to this recently but they were the ex husbands new partner, and felt he couldn't progress his life with her because he was still paying the maintenance to his ex.

StormingNorman · 07/02/2025 18:22

You made out like a bandit! It does seem that you’re in a better financial position now and do t need the spousal maintenance.

Livinghappy · 07/02/2025 18:29

Op, as others say, your ex could apply for a variation. If he has a lower salary a court would not penalise him. He certainly can't be made to get a higher paying job. I assume his pension vs house equity was taken into account so a choice for you to not have a pension. The 3 years is seen as an adjustment period. You have secured a job so would be viewed as not requiring the spousal maintenance. No mortgage is an excellent position to be in.

I'm not sure his inheritance would be a factor either.

Could you agree a compromise, an amount, say £500 to go towards dc savings?

Gravitasdepleted · 07/02/2025 18:36

He can easily apply for a variation, probably wouldn't even need a lawyer given his change of circumstances he will likely be successful. Do understand it was part of your settlement and as global order there is an element of spousal support included in that which you are relying on in your financial planning. But given he now has the children 50/50 the child support element should be deducted from the global amount. I would try negotiate with him as he can and likely will apply for a variation, and that could well result in £0 for you. Offer to half it and see if he agrees.

arcticpandas · 07/02/2025 18:45

For once when we have a thread where a father has changed jobs in order to have his children more it's the woman taking the piss😒

notatinydancer · 09/02/2025 15:40

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