spousal maintenance -pps pending suite

Hi Wiki's,

Have a FH approaching. at the last FDR stbx was pushing for clean break. My SOL ( I had one then) was saying opt for nominal spousal maitenenace of say £1.00 p.a

stbx wanted to only pay until children (there are 3) until they are 14???? Why???

Basically stbx is elf empl and saying he earns a pittance all of a sudden.

How in the FH argument/case do I push for nominal spousal maintenance? (on the basis that stbx earnings will probably return to normal high earnings after the case)

Please help in wording all this would be great...

Thanks
Survive
x

Well, I suppose that your earnings must be such that substantive spousal maintenance is not likely to be awarded.
Nominal maintenance is mainly ordered as a safeguard for the children, so I suggest that it is perfectly reasonable to ask for it on the basis alone. I see no reason to nominal SM to cease at 14 ; much more realistic for it to end when the youngest child is 18.
What more is expected of me ?

LMM

Thanks Mr Mike, my earnings are less than stbx, but my monthly income in greater at present (if you take into account ctc,cb and wtc and cm). However stbx is only claiming that his business is paying him less than 500 pcm. With no dividends.

At the last FDR, me barrister was pushing for a nominal pps, and said that was quite normal where young children were concerned.

Because I am now self repping i just wanted some help with noting my argument 'for' this in court and how to word it please.

Thanks
Survive
x

Well, I guess you could say something along the lines that the situation at the moment does not warrant an order for spousal maintenance as such, but there is nothing to say that this situation will last for ever. Experience indicates that an order for nominal SM is often made as a protection for the children. That would suggest the order should last, at the least, until they reach their majority. There is no injustice in this to the husband as substantive maintenance would be ordered only if the circumstances justified it and the husband could afford it.

Does this sound OK ?

LMM

Thankyou LMM