Comments on: Maintenance payments and a new partner – what happens next? (Part 1)

By: Marilyn Stowe

Marilyn Stowe — Wed, 07 Mar 2012 12:32:20 +0000

Sharon
No I dont think it is right. You should tell him to pay the arrears and keep paying as per the order or you will go to court to enforce the court order. And then do it. Your local court office will help you fill in the forms to send a bailiff round to his house. You could also apply for an attachment of earnings order so the money is deducted straight off his salary.
Best wishes
Marilyn

By: Sharon

Sharon — Tue, 06 Mar 2012 20:16:33 +0000

Can you help I have a court order for my three children for my ex to pay main entrance until they leave full time education. My eldest daughter is now working and my 2nd daughter has decided to go and live with her father, my son is still with me but my ex is now no longer paying maintenance for my son as he has my daughter living with him. Is this right? I can’t afford a lawyer and he has mad life very difficult.

By: Carol

Carol — Tue, 28 Feb 2012 10:49:26 +0000

I have a hearing on the 1st March to remove my husband from the home injunction. I already have a non-molestation order against him. He moved out yesterday, but also wants to come back. I want him back. I also apply for a payment order ( of half the bills).
Should I go to court on the 1st and withdraw the Home right injunction and pursue the payment order?

By: Emma Capes

Emma Capes — Wed, 11 Jan 2012 19:06:21 +0000

Hi
I’ve recently started co-habiting with my boyfriend who pays spousal and child maintenance to his ex and 3 children. He is currently in negotiations with his ex through their lawyers over reducing his maintenance based upon new legal advice he has been overpaying given his earnings have decreased since the original court order. She has approximately £700K in capital in the family home. She has no declared income albeit we have moutning proof that she is working as a freelance therapist. He is a high income earner but has no capital and approximately £75,000 debt due to maintaining the existing levels of maintenance and increased school fees. The current levels of maintenance and school fees leaves with him 30% of his net salary.
I was interested in the flip side of the discussions on this blog, can the fact that he is co-habiting with me go against him and be used by his ex to maintain her current payments? I am mid-earning solvent professional.
Any advice appreciated.

By: Marilyn Stowe

Marilyn Stowe — Mon, 02 Jan 2012 14:12:10 +0000

Gary
Spousal maintenance only ceases on remarriage. Child support continues until each child leaves school or potentially until they have finished tertiary education.

By: Gary Fisher

Gary Fisher — Mon, 02 Jan 2012 13:20:08 +0000

My Ex Wife is due to re-marry in Feb 2012 and they have been living together aproximately 8 months am i still liable for child maintanence for my two children aged 13 and 17

By: Marilyn Stowe

Marilyn Stowe — Fri, 16 Dec 2011 19:07:04 +0000

Al:- here are a few thoughts.
1. How old is this order?
2. How is it split between your former wife and the children?
3. What would you say is a fair assessment of your own net income, not just what you choose to draw?
4. Do you live with anyone else and does that person earn an income and if so how much?
5. Does your former wife have any other source of income and if so how much is it net of tax?
6. What do you think are your former wife’s and the children’s reasonable income needs and what are yours?
7. Why did you transfer to your wife the “copper bottomed assets?” what were you left with and how much are they worth?
Let me know the above and I will let you have my opinion.
Regards
Marilyn

By: Al

Al — Fri, 16 Dec 2011 15:56:27 +0000

Hi there, reading through the comments of the many that have been sentenced (like me) with a lifetime maintenance order. It is clear that English law is so unreasonable to the point where it removes all ambition from those who have contributed to the countries growth and employment. I am self employed, I employ 12 people. My maintenance order is £ 60K cleared funds to a woman who cohabits, has received £ 700K in assets and the privilege of dictating when and how long I can see the children. My children are still young, 4, 6, 11 and 12. I understand that it is a full time job to bring up children and do not wish to relinquish my responsibilities. But the value of the maintenance order is so high, that I face certain ruin and those who I employ face the same dire prospects because of this unreasonable order. The lawyers agreed this value based on earning three years ago when the economy was blooming. Having looked at my company accounts this year, it has only made a profit of £ 65K (before tax), yet I have to pay this enormous sum. This sentence is eroding my liquid cash and soon tangible assets. The ex wife has received all the copper bottomed assets and I am left with all the liability and responsibility. I am desperately looking for help. My lawyer seems to think that I have to wait another six months, but I fear that my business will become bankrupt as this is were I need to draw this cash from, not mentioning the dividend tax that I will be lumbered with soon. Please help someone????

By: Marilyn Stowe

Marilyn Stowe — Mon, 20 Jun 2011 21:17:59 +0000

Thanks for contacting me. Your friend needs to take legal advice from a lawyer who has all the facts and documents to hand and who can then give your friend informed advice. It’s not wise for me to advise third hand on the basis of some but not all the required info.
Marilyn.

By: spousal

spousal — Mon, 20 Jun 2011 11:12:04 +0000

Hi,

I’m writing for advice for a friend. He pays £750 child maintenance for his three children age (9, 8 & 4). He is also paying £750 Spousal. The spousal agreement is halved to £350 when the youngest turns 5. He had assumed this was because all three children would be at school and she could fine work. However, the youngest is starting full time school in September. His current take home earnings a month are £3,500. When he got divorced he gave gave his ex wife the matrimonial home which is worth £300,000. She has a mortgage of £80,000 left on the home and it was put into her name. He didn’t take a charge on the house and handed over a lump sum of £220,000 for her to put into the mortgage which at the time was very high on the property.

He is paying £120 over and above CSA calculations on the child maintenance side of the agreement. He now wants to re-assess the maintenance payments and wants the spousal maintenance to be cut to £350.00 as of this September as his youngest is starting school. He knows she gets in the region of £500.00 a month family tax credit and is working three days a week.

He lives in his partners house which is owned by her. They took out a £100,000 mortgage to have a loft extension built to accommodate his three children every other weekend and extra long weekends in the holidays. He also has the children for 2 weeks in the summer. His partner owned the property outright before he moved in with her. They took out the mortgage in joint names. On the money left per month he would not have been able to afford to buy a new place for himself. They are both finding it hard to keep up payments of the mortgage, running the car to and fro for collection of the children. His partner has two children who also live in their home. She has not been earning this year but will be earning again in September. Will her earnings be taken into consideration or would the courts look at my friends outgoings and the time he spends with his children when considering an adjustment in the spousal agreement. It seems vey unfair that he is paying out so much when she will be able to work full time in September. The only has this affected his finances, it’s affected his partners as she obviously can no longer claim family tax credit and his full earnings are taken into consideration in terms of her own children. This year she can not claim EMI for her daughter as they don’t take into consideration that half of his earnings actually do not go into their home but goes on maintenance payments. The system seems very unfair on both my friend and his new partner. Any advice would be greatly appreciated as I see him falling down with the pressure of working long hours to make the wage he does to support his ex wife’s lifestyle, and the amount of time he has the children and is commuting long distances to see them.