I divorced April 2005,we were together since 1975, I was awarded periodical payments of £1500 per month for joint lives. My ex claimed on his form E that he was not co-habiting but in fact had bought a house in their joint names in Nov 2004.
He is the senior GP partner in his practice and has issued me with a court summons for dismissal of order because he is retiring.
I took nothing from his pension or other assets though the family home was transferred into my name with me taking on the mortgage.
I was a senior clinical nurse specialist and worked full time through out the marriage, I was medically retired Sept 2003 due to ill health.
I have very little savings so cant afford a solicitor and because he has stopped my payments I am struggling to pay my mortgage.
I am unable to sleep or eat and don''t know where to turn. Any advice gratefully received.
Well, he is retiring. How do you expect him to be able to pay £1500 a month if he has no income? You cannot get blood from a stone.
However, he cannot simply stop paying just because he feels like it, or because he will be retiring soon. He must continue paying until the court orders the SM to be modified or cancelled. You should make it clear to him that until the court order is modified, you will expect him to carry on paying according to the 2005 order, and you will chase him for arrears plus a costs order for any solicitors fees you incur in doing so. That should do the job.
He may be retiring but that doesn''t mean he has no income.Given his employment I would expect him to have a good retirement income especially if his ex wife hasn''t been granted part of his Pension fund.
You have a joint lives order and the court will look at all the facts before deciding what to do. This will include looking at both of your capital, income and pension arrangements.
As someone has already mentioned, just because he wants to retire, does not mean his obligation ceases: it may, for example, be that the court expects him to continue paying maintenance because you did not take a portion of his pension before.
As a secondary issue, if it turns out that he was not entirely truthful on his previous form E, the court will be less sympathetic to him now.
Best thing you can do is write to him and ask him to fill his form E (and you fill in yours) to speed the process up. The court will take a dim view of him if he does not willingly oblige as this is his application.
Thank you for your support. I contacted the free advice line earlier today and its the best thing I have ever done, the person I spoke to was called Ian and I can''t thank him enough. Ian got a trusted family law firm to phone me and I was given new hope. Fingers crossed, will update when more developments. This is a wonderful site for those of us that need help.
Just to say that I worked as Senior sister in charge of ITU and paid everything whilst he went through med school, I also answered out of duty phone for 5yrs and worked full time, oh and paid mortgage etc, his pension & surgery''s, bought jointly are worth a fortune, his salary has been £250,000 since April 2005 but, your absolutely right, he has no capital or income! Thank you for the other comments though