Ex quitting job so what happens to maintenance order

[Hoorayforchips]

Tricky one, so keen to hear thoughts before I inevitably drain more of my savings for legal advice…

Ex is a high earner. We were a well-off family. When we divorced it was 70-30 childcare split with me not working. Court ordered he pays me £2k a month ‘global’ maintenance for five years, variable on circumstances.

I went back to work a year ago and earn 2k a month after tax. No mortgage. Informally agreed ex could have kids 50-50. He got a nanny. Kids well supported by both of us now with nice lives. Close to what they would’ve had if we’d stayed together really. Skiing and horseriding and private tutors. If we’d stayed together I’d have not needed to work but I’m pleased I’ve been able to provide the children with the lives we expected for them when we got married.

Spanner in the works:

Now with 3 years of maintenance order left ex says he is quitting his job for 2 years to do his MBA. He said he will live off savings to fund his life with the kids while he studies but plans to stop paying me maintenance once he stops earning. The MBA means he’ll be an even higher earner at the point the 5 year order runs out. But everybody suffers a drop in lifestyle now and apparently only he gets to decide this.

Can he do this or would a court likely tell him he has to wait to quit work until his 5 year order is up? (I realise my change of circumstances in going back to work complicates things.)

Or should I ask perhaps in mediation for the order to be varied so that he gets two years ‘holiday’ while studying but it resumes when he starts earning again?

I will go down the mediation route first so would be great to get some opinions here about what is sensible to ask for.

thanks so much in advance

I don't know the answer to your question but presumably your order was to give you an equal footing, kids to maintain a similar lifestyle etc and you are now able to achieve that with your own income?
It is of course not right what he is doing but I cannot see how a court would turn him down for a change in circumstances. If he has no income, he can't send 2k a month and the kids are with him 50% of the time.
Perhaps look for a solicitor that offers a free consultation?

I’m not a lawyer but until one comes along … I evict he can’t just stop and will have to apply to the court for a variation ( you mention in op it was variable on circumstances)
does your order lay out any circumstances?

No idea if he’ll be successful or not but if it’s like cms they take income only or Interest on savings as income so might mean he’d be successful especially as you are now earning

hopefully A lawyer will be along who can advise

I am a family lawyer. He's probably going to be disappointed. It's a court order, not CMS maintenance. It's all down to actual income and earning capacity. I suspect a judge won't allow him to maintain his lifestyle using savings whilst reducing or stopping maintenance for you.