Spousal support in divorce

hot.chick

Hi MSE's.

Wondering if you can help me?

My dad is in theprocess of setteling his divorce from my step mother - yes you guessed it the evil kind... lol..

And she is asking for spousal support payments?

She isn't after child support but spousal support - can she do this? I'm not at all upto speed on these things, so wanted to seek advice.

I have asked my dad to ask what the payments for and how long he is expected to pay this amount - could it potentially be forever?

any ideas?

Have lots more info if you need it

Thanks

S x

loftus

Yes it is possible and yes it could be for life.

To pass any sort of opinion we will need more details though.

nearlyrich

The issue of spousal support is only usually applicable for marrieages where one spouse ( usually an older woman) hasn't worked for a long time or at all and isn't able to support herself or if there is a difference in earnings capacity. Most divorce settlements are clean break between the two parties with an maintenance awarded for children of the union.

Is your soon to be ex step mother able to work, does your dad have a high paying job?

hot.chick

Excellent - some information I knew you guys would know

OK - they were matried for about 15 years and during that time built a buisnes together, he did the sales and she did the accounts and the paper work.

About 3ish yrs ago they took the business to america.

She didn't like living in america so she left dad - they refinanced the house (for more than the current market value) so she could buy a house in the UK.

Whilst she's been in the UK any money that dad took from the business account to pay suppliers or bills she withdrew the equivilent in pounds saying she was entitled to it as a director of the business.

As a result the business is on it's knees - I've had to lend my dad thousands of pounds which I do not have so he can make mortgage payments.

She started out asking for £150 per week - but has reduced this to £50 per week - still more than he can afford to pay her.

What would happen if he agreed to pay her and then couldn't make the payments?

I feel so helpless as he's so far away - and he really doesn't know what he is doing as he's unable to pay a solicitor the fees they are asking for - it's a bit of a nightmare!

CarolynH

Is your dad still in the States hun? And are they getting divorces via British or American courts?

I only as because (I think) this is what the Americans call 'alimony', and spousal support post divorce is more common over there.

hot.chick

My dad is still in the US - but my step mother petitioned for divorce in the UK - so I think (I may be incorrect) that it is governed by UK law.

They had a divorce hearing in the UK - which my dad didn't attend - as he was in the US.

hot.chick

any ideas?

CarolynH

Not heard of this much in the UK, sorry, just giving you a bump. But I'd recommend taking good legal advice - I know it's costly but he needs to have someone looking out for his interests.

A good solicitor may also be able to get all the money you SM has taken out of the business since the seperation taken into account.

Good luck.

zakadigo

How did you get on with this one, cos I here you can get seriously screwed with this spousal support !