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FDA

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Down2thewire · 02/07/2024 11:05

I am 3 years divorced but have a consent order in place that includes a global payment.
My Exh was made redundant and can no longer pay the amount in the global payment. I don’t dispute that. We couldn’t agree a reduced payment and so went to first hearing as he applied for a variation.
Judge basically said we needed to sort it out ourselves. I had a solicitor and barrister and Exh has refused all offers. Judge said if can’t be sorted back for an FDA.
I work in a P/t term time job. My solicitor and barrister advised this is all that is required as it reflects what I did in the marriage.
Exh salary has reduced by 60%. I think this was on purpose as he always earnt well in our marriage. Childcare currently 60/40 - he wants 50/50 but that’s against my better judgement and I don’t think it’s in the interest of the children.

I can’t afford to live off CM,UC and my wage. My want is that my exH makes up the shortfall (which is significantly less than the global payment) and he is insisting I get a FT job. Any benefit of that will be wipe out my UC and childcare costs.

My shortfall is about what he has in disposable cash after he has paid all his bills as proved on the E2 form.

We are reasonably amicable for the children and can sit down and discuss this but he will not change his stance and feels he will ‘win’ a clean break in court due to the change in his circumstances.

Any advice on what would be fair here? I would really like to avoid going to court again.

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