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An attempt at spousal maintenance?

  • busy bee
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27 Sep 12 #358173 by busy bee
Topic started by busy bee
Afternoon all
My partner had a conversation with his stbx last night and was informed (with no choice on his part) that he was not having his children for the 3 hours that he normally has them on a Wednesday. I understand from him the reason for him having the kids was so that his stbx could work and this has been a regular arrangement for over a year. The reason she gave was that it was too disruptive for the children to be back and forth for a short period of time (they live on the same estate and walk between the two houses).

This has happened following another conversation he had when he was informed that the children would no longer be going swimming on a Monday (he has always taken them) as this was her evening and she wanted to spend more time with them.

So in the course of about 2 weeks, she has effectively reduced his contact by about 6 hours.

So, when we spoke about this last night, we were both trying to work out her motive as we both instantly (and independently) thought that she would be using this reduction in contact as a reason to try and claim spousal maintenance from my partner (she has threatened this in the past). However, in the conversation, he offered to have the children for 3 hours another day in the week and this was flatly refused.

I would appreciate your thoughts on whether this would be reasonable grounds for a claim of spousal maintenance bearing in mind that she has decided to restrict her working opportunities, that she earns approx the same as my partner (when taking into account all the benefits she receives), that this arrangement has successfully worked for about 1.5 years and that their court hearing is about 3 weeks away....

Any advice would be gratefully received.

  • maisymoos
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28 Sep 12 #358317 by maisymoos
Reply from maisymoos
The two issues are not linked.

Spousal maintenance is about need versus affordability. For anyone to advise more info would be needed. I assume there is no financial settlement?

Info needed
Ages
No of children and ages
Length of marriage including cohabitation
Assets eg equity, shares savings
Any debts
Respective incomes including benefits
Respective pensions

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