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Spousal Maintainance - Advice Needed Pls
Posted by: masjntt
24/06/08 at 7:45 pm
My dad married in 1969 and had a child in 1971. His wife left him when the child was 18 months old and filed for a divorce - her parents had had a win on the pools and felt my dad wasnt good enough for her or their child!
My dad had to pay maintainance for his child and a spousal maintance for his wife unless she remarried. When the child reached 16 and did not continue in education my dad was notified that he would no longer have to pay maintainance for his child, the spousal maintainance however was still owed and my dad continued to pay it.
My mom and dad have been together for 30+ years and have worked hard in the last 10 years and have two properties , small savings and decent personal pensions. My dad recently became ill and now has some mental health problems and is physically disabled, his only income now are from his benefits, my mom works part time and may well need to give up work as my dads care needs are increasing.
About six months ago we found out that my dads ex wife was co-habiting and had been for some years and has a property with this partner, my dad felt he shouldnt need to be continuing to pay a spousal maintainance to her anymore and decided he wouldnt pay it and see what happens. He has received a letter this morning from the court sayin he owes arrears and that he needs to make payment and keep up the regular payments too.
Im needing some advice on where we can go from here, the repayments are £4 per week so not a massive figure but dont feel its fair that she is supported by my dad still after all this time given the short amount of time they were married, we would like to challenge the fact that he has to make payment but have reservations that his ex may well end up being entitled to more of my dads assets now if we rock the boat, also we would like the court to be aware that she is cohabiting and in a financial relationship with someone else.
Any ideas on what we can do? Or is there anyone who has been in a similar position?
That the child would remain in legal custody of the mother
Defendant to pay the court a weekly sum of £4 for the benefit of the complainant together with a weekly sum of £3 for maintance of the child until the age of 16 years - paid to the complainant
The complainant will grant the defendant reasonable access to the said child and defendant shall give notice of any change of address
That is all the info on the court order,
There is a letter from the court which was issued at the same time advising how my dad could make the payments at the end of the letter it stated that if my dad and his ex were to reconcile and cohabit then both parties needed to inform the court and if his ex remarried then the court needed to be informed in writing immediately
Thanks
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There are currently 2 replies.
Re: Spousal Maintainance - Pls Can Someone Help?
Posted by: masjntt
29/06/08 at 9:25 am
Re: Spousal Maintainance - Advice Needed Pls
Posted by: Suzanne Kingston, partner, Dawson's Solicitors
07/07/08 at 1:49 pm
From what you have said, your dad’s court order is still effective in relation to the spousal maintenance element. This is the money that he is supposed to be paying to his ex-wife. You would need to show a family lawyer the entire order and any additional information, but from what you have said, it appears as though the order for spousal maintenance has been made for life, which means until the recipient’s remarriage, death, or further order from the court. These payments do not automatically end on the recipient’s cohabitation, although it is now possible to include this in court orders.
For as long as the payments are being ordered, it is always possible for either spouse to apply to the court to vary the level of these payments based on a change in their financial situation. In this situation your father would be applying to vary the maintenance payments down, or ask the court to stop them entirely given the minimal level they are being paid at, but it could be that his ex-wife argues that they should stay at the current level, or be increased.
The court would take into account both parties’ financial resources, and as you have pointed out, there is always the risk that the court might increase the maintenance payments. The court could not order a payment of capital to your father’s ex-spouse if such a payment has been ordered previously, as capital payments are “once and for all”, whereas maintenance payments can be varied.
The fact that his ex-wife is now cohabiting may be an indication that she is financially better off, and it is very likely that her partner’s income and financial resources would be taken into account by the court in any application.
However, until the court makes an order changing the terms of the original order, your father will still be liable to pay.
Your father should get proper legal advice, which is specific to his circumstances. A good place to look for someone suitable would be from the Resolution website which is an organization of family lawyers.
