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Spouse Maintenance Information

Spouse Maintenance Information

Cream Soda - Accordion
  • Full Question -
     

    I have a 2 year old consent order to pay spousal maintenance at £350 p.m. and child maintenance at £750 p.m. My ex-wife is now co-habiting with her long-term partner in the house she bought out of the divorce settlement. Do i have good cause to get the level of spousal maintenance to be reduced?
     

    Awnser -
     

    Yes, if your wife is cohabiting then the spousal maintenance ought to cease or be reduced to nominal payments for the duration of her cohabitation. You can apply to the Court for a variation of the Order. The maintenance in respect of your child however should continue.

  • Full question-


    My husband has a court order to pay his wife £789 per month for the rest of her life until she remarries/dies and then, on his retirement, she is entitled to a third of his pension as maintenance.
     

    He also pays aprox £400 per month each for his 2 children (ages 18 and 14). We married 4 years ago and I earn Aprox £36k net per annum and my husband earns aprox £45k net per annum.
     

    He also has debts of £42k, which were jointly amassed during the marriage, for which he took full responsibility. They were married for 12 years and divorced 9 years ago. His ex-wife works part-time as peripatetic music teacher and earns approx £10k net per annum. She also receives child benefit and tax credits. I am now pregnant and our baby is due at the end of May 07. My question is - we wish to reduce/stop the maintenance payable to his ex-wife (not the children) as we feel that given their ages and the fact that the eldest is due to start University in Sep 07, there is no reason why she could not work full-time, or at least increase her hours to reduce her financial dependence upon my husband.
     

    At present I pay for virtually all household expenses, utility bills, mortgage etc... as my husband has very little cash left over once he has paid his maintenance and debt repayments. We also spend a lot of money on seeing the children every other weekend. Would a court take my income into account when deciding whether to reduce her maintenance, or would it only take into account my husband's income and ability to pay? I should add that I have no spare cash left over at the end of the month and we will struggle to pay child care fees. My giving up work or working part-tie not an option. Any advice would be very welcome. Thanks.
     

    Answer-

     

    Your husband could apply to the Court for a downward variation of the existing maintenance payments to his wife on Form A. The application should be made to the Court dealing with the original order. Once the application has been issued the court will issue automatic directions which will give both parties dates for filing a financial statement on Form E. Your husband should set out in full his income and expenditure and why he needs to have the existing order decreased.
     

    From what you have said it seems unfair that his ex-wife is having such a large chunk but when the Court made the original order it would have taken in to account the fact that the children would grow up and she would be able to work more. Remember that when considering an application the Court can also vary payments upwards.

  • Full question -

    I have a 2 year old consent order to pay spousal maintenance at £350 p.m. and child maintenance at £750 p.m. My ex-wife is now co-habiting with her long-term partner in the house she bought out of the divorce settlement. Do i have good cause to get the level of spousal maintenance to be reduced?
     

    Answer -

     

    Yes, if your wife is cohabiting then the spousal maintenance ought to cease or be reduced to nominal payments for the duration of her cohabitation. You can apply to the Court for a variation of the Order. The maintenance in respect of your child however should continue.

  • Full question-
     

    Would I have to pay maintenance to my wife - she earns £10,000 pa in a supermarket I earn £30,000 pa. Our children are over 21 and she has chosen not to pursue a career although there is no reason why she could not earn more. We have been married for 28 years.
     

    Answer-

     There is no hard and fast rules about maintenance for former spouses, but as it is a long marriage and your wife earns considerably less than you, it maybe the court would want to place her in a position that would not harm her standard of living. However this would be viewed along with all the circumstances when coming to a final settlement. If you take legal advice, do ask for the best possible and worst possible case scenarios if this were to go to Court. You may then decide to try reaching an agreement about your finances through mediation before resorting to instructing solicitors, as the latter is likely to prove a more expensive option.