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Ending maintenance

  • bloggs
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24 Dec 07 #9488 by bloggs
Topic started by bloggs
My husband pays his ex wife £1500 per month under a periodic payment order following his divorce from her two years ago. He is due to retire in a years time when he will receive a pension of a third of his current income but he will also receive a lump sum. If he goes back to court, what is likely to happen? Will she get yet another bite of the cherry?

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24 Dec 07 #9489 by gone1
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That is the risk blogs. They look at it all again. Her circumstances may have changed for the worse and she may get a bigger chunk. Also factor in the cost of another Ancilory relief case. Mine cost me about £3000. £1500 is a lot a month. But you only have to go another year. Its upto you what you do. Chris

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24 Dec 07 #9490 by LittleMrMike
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This is always the problem with applications for variation ; the Court will always look at the circumstances prevailing at the time, so it is possible ( at least in theory )to to ask for an increase and get a reduction , or vice versa.

That said, the periodical payments order was presumably made on the basis of your husband's circumstances at the time of the order ; so that if his income is reduced, it would normally be expected that the SM would reduce to a more manageable figure. The fact that the divorce was this recent suggests to me that the Court took into account the impending retirement when making the order ; if it intended the order to end on retirement it could have said so. Instead they have, I think, assumed that there will be a downwards variation in three years' time.

Unfortunately we don't know enough about the circumstances and the terms of the order to comment. In general terms, provision for lump sums and capital transfer orders are final and cannot normally be reviewed, although there are exceptions. One possibility, though an unlikely one in your case, I would say, is that the Court does have the power to capitalise a maintenance order ; so if he won £10 million on the lottery the Court might order him to pay a lump sum to buy his ex out. Well, it is the pantomime season. Where the hell did that fairy godmother go ?

Mike 100468

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