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Stopping maintenance after 50-50 granted after 80-20 court order

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Cucumber123

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My partner’s ex wife played a blinder.
She won the majority of time with kids in court and judge said my partner had to pay her £2k a month for 5 years.

Months after first cheque was cashed and she turns round and says he can have 50-50 now ‘at her discretion.’ She also said if he stops paying her as per court order she’ll ‘take them back.’

So he’s obviously delighted he’s got 50-50 but he’s broke. Paying for childcare due to 50-50 as he has a long commute to a non wfh role but paying maintenance as if he was an EOW dad.

I’m just looking at this ex wife and thinking wow. She’s got no mortgage as court gave her most of the home equity. She’s got the big monthly payment from my partner. Now doing 50-50 she’s found time to take a job. She’s going on expensive holidays.

Can he get out of the maintenance before the court order expires? It’s ‘global’ maintenance for four more years. It all seems very unfair.
 
Can you elaborate regarding the 50/50 is this a court order? You mentioned she won majority of the time with the kids,now obviously, you'd jump at the chance of 50/50 if offered,however isn't she breaching her own order? Cos how I see it she is,she got majority of time got the huge payout per month and then cos now she wants to reap the rewards of that payment is prepared to do 50/50, I'm sorry but as I said that is a clear breach of the order, is there evidence the ex has said this?
There's a distinct possibility the ex can turn rpuns and say your partner Initiated this and as result, back to original arrangement and ex has won again.

Global maintenance, the courts disguising CM within SM ,falling just short of the jurisdiction of the CMS.
 
A global maintenance order is very hard to get out of I believe. How long has it been 50/50? The longer you can keep the 50/50 established, the stronger his case will be to have the order varied - I don't know if the global maintenance order can be varied - you'd need legal advice on that. But I think people should avoid a global maintenance order if possible.

So she's taking the money and dumping the kids! Well half the time anyway. I would just make the most of the 50/50 time - do what you can - life isn't all about money. But definitely get some legal advice if the global maintenance order was based on her being the resident parent. Was it to include upkeep of an expensive house?
 
My take on this Ash is ,if its pursued, the ex in this case knows that 2k would be reduced if the 50/50 is validated ,assuming the global can be contested and I would question why now months after the order was sealed, if she's willing to do 50/50 now why wasn't it an option at the time?
 
Because he's tied into the global maintenance order - which is usually something that can't be varied (or not easily anyway). So she keeps the money regardless. It could just be a bit of a slap in the face. Like - here you look after the kids while I get on with life but keep paying the global maintenance.
 
Am I correct in thinking IF the order is varied, as its a global, if the CM payment goes down the SM payment increases and vice versa so either way, the person in thus case will still be paying 2k
 
More or less. I think the 2k is a sum that includes both spousal and Child maintenance and can't be varied. But it's worth seeking legal advice just in case. There was another guy on here tied into a global maintenance order. His ex left the country, taking the kids and set up home with a rich man I seem to remember.
 
It does if its global and yes it can be varied if the paying party can prove exceptional changes to their circumstances or the receiving parties circumstances ie Co habitation
 
Ash I think you’re right. It can’t be varied. The order for global maintenance was made and judge said something vague about kids, basically sort it out among yourselves.

My partner wants to retrain as a teacher. Genuinely he always wanted to do this and it was only ever the ex wife telling him not to. He’d give up his higher-paying IT job to do it if he could. He has some savings left to fund himself through the course. I think the ex wife payments can’t be varied though? I suspect not.
 
capa said:
Can you elaborate regarding the 50/50 is this a court order? You mentioned she won majority of the time with the kids,now obviously, you'd jump at the chance of 50/50 if offered,however isn't she breaching her own order? Cos how I see it she is,she got majority of time got the huge payout per month and then cos now she wants to reap the rewards of that payment is prepared to do 50/50, I'm sorry but as I said that is a clear breach of the order, is there evidence the ex has said this?
There's a distinct possibility the ex can turn rpuns and say your partner Initiated this and as result, back to original arrangement and ex has won again.

Global maintenance, the courts disguising CM within SM ,falling just short of the jurisdiction of the CMS.
Click to expand...
I think he did initiate it yes. He was desperate to have the 50-50.
 
From some research I've done a global can be varied but only in clear circumstances and it would have to be his changes so it supports the claim to vary
 
I seem to remember with the other guy, it was going to be extremely expensive and complicated to try and get the global order changed. Legal advice would be needed on that one. I suspect if he did apply to vary it, his ex would stop the 50/50 childcare again.
 
Apparently Margaret Thatcher was to blame ................. And I do remember the feared CSA and all the suicides. Sorry that's a bit off topic. CMS isn't nearly as bad.

www.familylaw.co.uk

Can the court order global maintenance?

The first decision of a higher court to consider the jurisdiction to make a global maintenance order has concluded that the orders are permissible
www.familylaw.co.uk www.familylaw.co.uk
 
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