Re:Spousal Maintenance

Divorce Lawyer

Well-done for giving the clearest explanation of what the court expects in maintenance payments.

I am due next month to start paying maintenance payments after the sale of the matrimonial home. This sale has taken 6 years which is when the court order was given. My children are over 20 and left home now so are not a factor.
I have recently been made redundant and have no income and it is unlikely I shall ever attain the income I had when the court order was agreed.
I will however be receiving a lump sum share of the house sale.

My question is if I apply for a variation ­base­d on my current income and future potential income will the court look at my lump sum payment as a source of keeping the same level of payments?

Secondly as she is on full benefits and will, by the comments in your article, lose income support, and council tax benefit will she be any better off?

In gratitude for any advice you can give

If your circumstances change you have the right to apply for a variation.

The Court always has power to award a lump sum in lieu of spousal maintenance, but the issue, of course, is whether the payer can afford such a payment.

I would say it is possible you might be expected to make payments out of your lump sum for a time ; but not for very long, I think. You wouldn't be expected to exhaust it altogether.

Unless your unemployment is likely to be permanent, it seems to me appropriate that you should only pay at a nominal level, say 5p per year, which can be increased to a more realistic figure when you get a job.

If you can, try and negotiate this with your ex. If it makes no difference to her there is no reason why she should ­object­. I would advise you get your agreement incorporated in a consent order, to be safe.

Unfortunately for you, the fact that she is on benefits doesn't affect the position. That's the whole purpose - to save money for the Treasury.

LMM

Hi Amanda,

Thanks for such a clear and concise summary of the position regarding spousal maintenance especially variation.

My ex deliberately quit his £150,000pa job to work on his hobby in a small retirement village with his new partner. Basically living off his savings and take it easy.

His Solicitors wrote to me, saying my ex stops paying both CSA and SM for the reason that he is unemployed but actively looking for a job (for over 6 months now). ;(

His solicitors also asked me not to apply to vary the order for that may cause the order to cease all together!! Instead he asked me to leave it as it is until my ex is gainfully employed one day, and even that the variation will reduce the current SM figure. ;(

My ex told CSA he is living off his new partner!!!

What do you advise me to do in this case?

Appreciate all suggestions.
Rosa

It really does sound very complicated.

I would welcome any advice on my situation.

My husband divorced about 20 years ago, left his wife to live with me. We are married and have two children age 20 and 18 now. He has just turned 65 and is still paying a small amount to his ex wife who is 63, she lives on her own. He is not working but receives a pension from a previous employer and a state pension.

I am 12 years younger and still work.

How long does he have to keep paying her maintenance, seems stupid that he still pays after all this time.

Thanks

My son has just reached 18 years. My ex has stopped his part of the maintenance due to our agreement which states 17 years in secondary education. My son is at college full time to I still have to support him. Can I go back to court and vary the maintenance order? I am financially embarrassed and cannot go to a solicitor, but I do not qualify for help. Therefore I need help knowing how to go about this.

I receive maintenance for myself from my ex husband as my children are now out of education their's has stopped. This month he has just not paid my maintenance with no notice or reason. How do I go about reporting that he has broken the court order?

thanks for any help

Winny, can't you just contact him (or his solicitors) to tell them that the money wasn't received... you'll look silly if you run to the court only to find out that it was a bank error!