Changing spousal maintenance payments before a new order in place

[Dacquoise]

Hi all, after a tortuous journey through court defending a nonexistent variation case I have been awarded a substantial pension share in lieu of money as capitalisation of my joint lives spousal maintenance. I am delighted.

I was also awarded a lump sum to be paid in installments until I am able to access the pension money. However the judge made amount he assessed in his judgment by 40%. I am awaiting a hearing date to rectify this plus argue for my costs.

In the meantime my delightful ex has reduced his payments which is causing me hardship despite there not being a new order in place. Is there anything I can do about this? I have asked him for the shortfall but expect to be ignored.

The judge made an error in the amount of lump sum which has reduced the amount of assessed maintenance by 40%.

Sorry fat fingers!

If the judge has made a simple error you simply need to write to the judge and point it out. If the judge agrees that it was an error they will amend the order. If the judge intended that all along they won't. It's not uncommon on such an application for the order to be varied before capitalisation so the 40% deduction might be correct.

Hi, we have written to the judge and he has agreed a hearing to sort it out plus my costs as my ex had no case at all to vary. The maintenance was assessed and remains the same as it was. However the lump sum doesn't equate and leaves me short.

My ex has pounced on the mistake and altered his payments. We don't have a new order yet. Can I force him to continue the terms of the old order on this basis?

Can't do anything until the judge has rectified the error.

Thought you might say that. Just have to keep remembering the pasting my ex got in the judgment