Potential Spousal Maintenance

TheRebelBull

Living in the midlands, Judicial separation for 5 years. In the signed off judicial separation agreement it's agreed i pay child maintenance, and we both signed off to say no spousal maintenance and no possibility of us staking a claim to each other’s future inheritance.

Now 5 years later and i wanted to get the piece of paper to say we are fully divorced and draw a line in the sand. Ex has a degenerative medical condition and even though it's stated she was retired in judicial separation she is now looking for spousal maintenance, and possible any future inheritance.

Ex paid for HER OWN house for cash and is earning more in benefits per month then I am in salary in my job. She also had a redundancy payment, a substantial cash sum from me to buy her out of family home of which I now reside, money from shares etc. I have a pretty hefty mortgage and child maintenance per month. Her income in benefits and maintenance per month is more than I take home in my salary.

I am just about able to stay afloat by renting a room to a Tennant, otherwise I would be going into debt each month.

What are your thoughts? I don’t have spare cash to pay spousal maintenane, and my affidavit of means shows this. I do need to find money from somewhere (possible loan) to help with college fees for eldest.

Finally…and this is drastic but needs must, …I would consider cashing in my house and take early retirement in spain. Anything to avoid paying a spousal maintenance that I cannot afford. Can I be chased from Ireland for spousal support?

Finally I am more than happy to pay maintenance for my children and that will never change.

Calahonda52

Difficult to follow some of this

eg

Ex paid for house in cash and is earning for in benefits per month then I am in my job. In addition, I have a pretty hefty mortgage and child maintenance per month.

She has children slightly more than me over a month.

What age are the kids?

If the house was the family home then you can't sell it without her consent for the reasons set out here

https://www.boards.ie/discussion/2058348342/disposal-of-sole-owned-house-in-a-marriage

TheRebelBull

my apologies I wrote in a rush and there are typos. I bought my ex out of family home and the amount I have her allowed her to purchase her own home without a mortgage. I took on the mortgage of the family home.

Children are 1 college going and 1 teen.

Dumb Juan

Hi,

Just a though and I could be wrong, since she is revisiting spousal maintenance and has benefits, should you revisit everything including child maintenance since your circumstances has changed? Would this be something to consider?

TheRebelBull

thx for comment. I don't plan to change the sum of child maintenance I pay but I do plan to pay into my teens bank fire t as soon as they enter college.