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I was divorced in February 2017 after negotiating a hard settlement with my ex-wife. As a part of the settlement i agreed to a global maintenance arrangement which is due to end in July 2020. As of today, I am only paying maintenance for my youngest son who is 16. I have referred my case back to the Child Maintenance Service who have given me a significant reduction to my monthly payments. I have since re-married, but my wife is no longer in work and I have an income that is more than 25% less than my previous income, so I have asked the CMS to review further. My ex-wife has multiple income sources and has a new partner living with her, and millionaire parents. Given both parties circumstances have changed alot since the divorce, can you please advise how I go about challenging the global maintenance order and the likely costs involved. My ex-wife seems determined to enforce the current global maintenance order and has already sent me a solicitors letter to this effect. I would prefer to talk to someone by phone if that is possible.
Although I don't know very much at allabout global maintenance, just what I've managed to read about quickly, it appears that it's a combination of child and spousal support, that takes account of any maintenance paid through the CMS.
If Court Ordered Spousal then you will have to pay for the duration specified in the Order. However, if you can demonstrate that your circumstances have changed sufficiently and you can no longer afford Spousal, you can apply to the Courts for a variation. They should also take account of your ex's position, if she has a new partner living in, it's hoped that they would want that factored into the equation.
You really need to seek professional advice, as I said I'm no way expert in these matters. The cost to challenge will be high, solicitors aren't cheap.
I can point you in the direction of our offer of free telephone consultation with a legally trained lawyer. We have partnered with Dialogue First to offer this service.
If funds are tight, you could also try the Citizens Advice Bureau.
It's not that complicated to make an application to vary a financial order. Take advantage of the link Mojo has posted and get some basic advice. If funds are tight, you could go to the first hearing alone and take a direct access barrister with you for the next one. It would save you hundreds, perhaps thousands of pounds doing it that way.
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