Spousal Maintainance - Pls Help

masonj3

Hi

Apologies in advance as this will prob be a long post.

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?

Thanks x

Mips

http://www.brookman.co.uk/areas_of_law/spousal_main.php

What were the terms of the original spousal maintenance order?

masonj3

Thanks for replying dippy chick, just had a look at the original order. It states the following:-

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.

masonj3

My dad had a basic letter from the courts in 1987 when his son reached 16 advising he no longer needed to pay for his son but the spousal maintance of £4 per week needed to continue, very basic & brief letter - no other info

Thanks x

Mips

Hmmm


Well your Dad was bloody lucky getting off with paying the £3 a week in Child Maintenance all these years!!!

That is less than the CSA would take off people on a Giro of about £43 a week!!!

Have you tried to get some free advice from a Family Law solicitor?

Perhaps find a Law forum and ask!

Sorry that I can't be of more help

masonj3

Thanks dippychick will try and find some free advice somewhere x

Oldernotwiser

Dippychick wrote: »

Hmmm


Well your Dad was bloody lucky getting off with paying the £3 a week in Child Maintenance all these years!!!

That is less than the CSA would take off people on a Giro of about £43 a week!!!

Have you tried to get some free advice from a Family Law solicitor?

Perhaps find a Law forum and ask!

Sorry that I can't be of more help

Now, be fair! Between 1973 and 1985 £3 was worth a good deal more than it is today and with the £4 spousal support that would have been a sizeable chunk of the average income.

Mips

Oldernotwiser wrote: »

Now, be fair! Between 1973 and 1985 £3 was worth a good deal more than it is today and with the £4 spousal support that would have been a sizeable chunk of the average income.

My hubby said the same!!

Loretta

Oldernotwiser wrote: »

Now, be fair! Between 1973 and 1985 £3 was worth a good deal more than it is today and with the £4 spousal support that would have been a sizeable chunk of the average income.

At around that time I was earning £8 a week and I paid rent out of that

Why should anyone be paying for an ex wife, children yes obviously, but a fit adult?

Savvy_Sue

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loftus

I think the problem your parents will face is this. Your dad is liable for £208 per year in spousal maintenance. To be able to stop these payments he will need to go to court to get the existing court order varied. Judging by the assets you list he will not be able to claim legal aid. The cost of going to court, unless he represents himself, may well far exceed any savings he makes by stopping the SM. So unless he is fighting purely on the principle of the issue he could be out of pocket.