Question on maintenance for my mum.

Frugal_Fox

Hi,

I've tried searching but can't find any other thread relating to my question and I'm wondering if anyone can help!

My mum and dad were married for 17 years. My dad had a few affairs through out the marriage. My mum stayed at home to look after the house, host dinner parties for him and generally helped advance his career, he is a solicitor. 10 years ago I left home and shortly after (weeks) he rang to tell me he was leaving my mum for another woman.

He moved in with his mistress (They are now married, she has two children from her previous marriage). My mum and him later went through a painful divorce. As a result of the divorce my mum had to leave the matrimonial home which had to be sold. She and my two sisters were homeless for a short while - I'd offered to take them in, but I lived 35 miles away from my sisters schools, fortunately a friend of the family took them in.

My mum has since worked full time to support herself and my two younger sisters. My dad disagreed with the initial maintenance figure (£1650) and had it reduced by £600. Incidently he thought this was too low - and so upped the new figure by £200, paying my mum £1250 per month for her and my two sisters. She got a small lump sum out of the sale of the family home (£10000) for a deposit on a new property. Since then my dad has inherited over £250,000 from various relatives. His last inheritance - of which my mum was also bequeathed £5000 is for £67,000. His step daughter is about to start university and fees will need to be paid.

My mum and him have a better relationship - he's been known to drop in for a glass of wine etc, however yesterday my mum got a letter from him saying he is going to reduce her maintenance by £300 from 1st June (today !) as my youngest sister has now moved out. Our middle sister still lives at home with mum. My mum is understandably upset - they spoke on the phone on Tuesday night and he made no mention of this reduction in her maintenance. My mum has no claim on his pension.

Can he just reduce it to below the courts original amount?
Can he do this with 24 hours notice?

We all agree he might well have wanted to reduce the money now our youngest sister has left home - however he is not in a tight financial situation, and he has given mum no notice of the reduction in her income. We are all upset over the way he has gone about it.

Can anyone offer any advice or point us where to go. Being a solicitor means we can not use any local solicitor - he's rather influencial.

EDIT - This all looks like we are after his money - We're not! However, I do think he has a duty of care to my mum and my sister who still lives at home. The maintenance agreement was made over 8 years ago ( I think), and has never been linked to inflation, and has never been increased. No one argues over whether he is right to want it lowered, its just the way he has gone about it. I'm worried my mum will have to work forever as she has no pension of her own, just the state pension.

Welshlassie

I think the first question her is, how old is your sister who is still living at home. As the other sister has left home, your father isn't responsible for paying for her any more unless she is still in full time education. The same goes for your other sister. Even if she is still living at home, but no longer in full time education your father doesn't actually have to pay anything. Maintenance to your mother now they are no longer married doesn't apply in the UK (as far as I know, happy to be corrected otherwise).

If your mother doesn't have a pension this is not your father fault (especially if they have been divorced 8 years), she should have sought financial advice about the best way to support herself now she is single again, and I suggest this is possibly the best way forward for her now.

Yes your father should have given more notice out of courtsey, but if both your sister are out of full time education then he legally does haven't to pay another as far as I'm aware.

Sorry I can't be of more help.

MXW

Are the payments made via a court order? Are the payments made in respect of your sisters, mum, or both?

Frugal_Fox

Hi,

Thanks for this. My middle sister is out of full time education. Mum is in her early fifties and unfortunately was not able to contribute sufficiently to a private pension because of the mortgage repayments she needed to buy a house for her and my sisters.

Its a rotten system really. I was fearful of this as being the response. Seems a shame that she should have to scrimp and save now - particularly as she wasn't allowed to work durring their marriage.

Thanks

Frugal_Fox

MXW wrote: »

Are the payments made via a court order? Are the payments made in respect of your sisters, mum, or both?

The payment was in respect of my mum and my youngest sister only (middle sister had already been taken out of the maintenance), and yes - it was a court order

MXW

Frugal_Fox wrote: »

The payment was in respect of my mum and my youngest sister only (middle sister had already been taken out of the maintenance), and yes - it was a court order

If it's under a court order then he must abide by what the court order states. If he was paying more than what the court order stated and then stopped making the payments, then there is nothing your mum can do about it as the payments were voluntary. If he is not abiding by the court order then your mum can take him to court for breach of the order,having said this, your dad will already know this being a solicitor.

Frugal_Fox

The court order said he had to pay £1050 - he's now dropped this to £950.

I'm going round to see mum tonight - I'll ask her to did the papers out and have a look at the wording. However I would not be surprised to see some complicated wording that ensures he is within his rights!

MXW

Frugal_Fox wrote: »

The court order said he had to pay £1050 - he's now dropped this to £950.

I'm going round to see mum tonight - I'll ask her to did the papers out and have a look at the wording. However I would not be surprised to see some complicated wording that ensures he is within his rights!

If he is not paying the amount he should, then your mum can apply to take him to court (she does not need to have a solicitor) they will both be asked to provide a statement of means, the only way your dad could get away with it is if he could prove that his financial circumstances have changed, to the point he cannot afford to make the payments per the court order. However, like I said he will already know this!

Frugal_Fox

Thank you for this. As from today he isn't going to be paying what he should, he also states in his letter that as and when my other sister moves out he will also reduce the money then - even though he is not paying maintenance towards her at the moment.

He has an expensive lifestyle - he lives 70 miles from London - but will take a taxi into London rather than use the train! He can afford to pay the maintenance, he'd just rather not!

MXW

Frugal_Fox wrote: »

Thank you for this. As from today he isn't going to be paying what he should, he also states in his letter that as and when my other sister moves out he will also reduce the money then - even though he is not paying maintenance towards her at the moment.

He has an expensive lifestyle - he lives 70 miles from London - but will take a taxi into London rather than use the train! He can afford to pay the maintenance, he'd just rather not!

I am going through a similar thing at the mo with my ex, am in court 27/06/07! All I can suggest is your mum takes him to court.

Good luck!

Katie~baby

Im probably being really dumb and please correct me if im wrong cause ive been known not to understand things LOL

I dont understand why he should pay for a child that has moved out? And also if the child/ren are no longer in full time education why he should pay anything?

I was always under the understanding that as soon as the child leaves full time education the maintenance stops all together. Unless your dad and your mum have a legal arrangement for him to pay her money each month even when the children move out then by law he is'nt obligated to pay her anything (when the children have gone)....

Again sorry if ive missed something!