Unpaid Spousal Maintenance

[NowAndAgain44]

Does anyone have any experience with variations/enforcing spousal maintenance? I’m going to court for a second time in 2 years with my ex husband because he isn’t paying court ordered spousal maintenance. He stopped paying 2 years ago because of a downturn in his industry and was only paying CMS. He was supposed to pay me £3300 a month (inc CMS) which was varied downwards to £2000 plus £24k arrears. He paid for 1 year and then filed for bankruptcy. He still only earning half of what he used to when we were together. The previous judge said she thought he had deliberately downplayed his income to avoid paying me. He has paid me around £350k over the last 8 years and I kept the marital home and my rental property. I’m now working full time earning £52k which is a lot more than last time we went to court. I’m also moving to a larger property. He lives with his partner in her home and he is bankrupt, earning approx £60k. Any thoughts on what the judge will do this time?

He'll probably remove your spousal maintenance. It seems like you had a pretty good deal. But why should he support you forever? Especially when you are earning

If his income is much lower and 60k and he’s declared bankrupt it’s highly probable they’ll write off the arrears and cancel spousal. As they should

what are you expecting?

I have a chronic health condition. It has’t stopped me working full time but I have had to take lots of time off for surgeries. He left me with two young children, I think it’s only fair he pays when he promised to pay. He was severely depressed at the time of our divorce when he agreed to pay so much, but I’ve planned my future around this money and I want what is owed to me.

This post is so ridiculous it can’t be true. Of course you shouldn’t be getting spousal maintenance 8 years later when you earn more than him

He earns £60k, I earn £52k. But the judge ruled he was downplaying his income. I believe he has deliberately filed for bankruptcy to end the payments. I’m hoping the judge will agree and still enforce the payments.

How can it be ruled he’s lying about his income. If the judge thinks that they need to act, you can’t just rule it?

I also think they will stop it,

How can they enforce it without proof of income from elsewhere?

You cant get blood from a stone..

I have a feeling this is rage bait

Tbf if I had to pay half of my income to my ex spouse, I’d very quickly reduce my income so I couldn’t afford that any more - particularly if they were earning a wage as decent as £52k themselves and had already had £350k out of me.

Your chronic illness isn’t his problem, you earn above average and he’s paying CMS. I don’t see why you should have any spousal maintenance at all.

This must be a reverse

I would imagine the spousal maintenance will stop completely.

Not lying, downplaying. As in not taking on contracts to deliberately earn less to get out of the court ordered maintenance. The issue is he’s been earning half of what he used to for 3 years now and is bankrupt so I have no idea how the judge will view it this time. I imagine if they cancel the arrears and put the payments down or cancel them he will suddenly be earning a fortune again!

Judge took an average of 5 years earning last time which was £135k so based her decision on that which was £2k a month. He can definitely earn more and pay but chooses not to.

Why are you moving to a larger property if you can only afford it on his money?

It’s not him money. It’s court ordered spousal maintenance so it’s mine by law.

I can’t blame him to be honest, id not be doing extra work to give my ex it either, if they take the last five years it’s stopping. As it should,

marriage isn’t a meal ticket for life.

I think you have missed the nuance, she is going back to court as he’s not paying,but he will likely get a variance, as he doesn’t earn enough to pay it and she doesn’t need it.

This is why you won’t let him see more of the kids, isn’t it?

Problem with spousal maintenance is what happens if the spouse paying loses their job? I mean the job market is brutal now - no saying your ex can get a well paid job and as others have said he has little incentive.

I would plan for a future without it.

Hopefully the court will decide to start again with a new decision and clean slate.

He should absolutely pay child maintenance for your shared children, but if you’re earning only slightly less than him, getting spousal maintenance is unnecessary.

He has filed to vary it and I have filed to enforce. Yes it still stands after bankruptcy and the arrears are accruing every month and the first hearing was moved on my request. I am hoping we get the same judge which is what I have requested as she saw through what he was trying to do two years ago

Oh fgs get some self respect

Why on earth would he work more to pay you after all these years? Don’t you have a sense of fairness?