Transcript for Divorce Advice: Paying Maintenance – Top Divorce Lawyer Marilyn Stowe
We act for a lot of people who pay maintenance and want to stop. They want to know how to stop. Well, if you simply stop paying maintenance then your wife, or husband, can go to court and enforce it. You can end up with a bailiff knocking at the door wanting to get paid. Alternatively, there’s much more Draconian ways of getting maintenance paid. For example, by issuing a judgment summons. What that means is that if the judge is satisfied that you can pay but you aren’t paying he can send you to prison instead. That’s a rare order for a judge to make but it has been made and I’ve actually had that order made against somebody who refused to pay maintenance, not because he couldn’t pay it but because he just didn’t want to. If you want to stop maintenance or reduce it, there are ways of dealing with it. It may be possible to ‘capitalise maintenance’, which is to pay a lump sum instead of continuing maintenance, or it may be possible to reduce it. I would suggest you come and see us, have a look at the blog, have a look at the book, and see if you can get some advice about whether or not you’ve got a realistic shot at reducing the maintenance or stopping paying it altogether.
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