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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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capitalization of spousal and child maintenance

  • maryjane59
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05 Jun 12 #335194 by maryjane59
Topic started by maryjane59
Hi Can anyone help me.
My ex was ordered to pay spousal maintenance of £500 for 5 years with no bar. CSA were collecting £600pm for our child.
He has been made redundant with a sizeable pay off. He was on 100k pa.
CSA has stopped as they say he can''t pay if not working, and also he has never started SM payments 6 months in arrears now!
I''m planning on asking for a capitalization of SM can I ask for the court to consider capitalizing the child maintenance too. I think he will go self employed to avoid paying anything through CSA as he will say he''s not earning anything and he has told me I won''t get a penny of his money in SM!

  • LittleMrMike
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06 Jun 12 #335231 by LittleMrMike
Reply from LittleMrMike
This is always a difficult situation when a payer of maintenance becomes redundant. It is difficult for both parties.

In such circumstances I ask about the make up of the redundancy package. To some extent it will include things like payment in lieu of notice and in effect compensation for loss of career. To the extent that the package includes lost wages, they can be shared in such the same was as actual wages.

But for the time being he will be unemployed and will need some of that money to live on.

What I usually suggest in such cases ( to both parties ) is that it is legitimate and, I think proper, to use the payment to help cushion the blow for both parties. But is the £500 a monthly or an annual sum ?

I can be quite definite that you can''t capitalise child maintenance.

I would definitely advise you to seek an immediate review of your benefits.

If he refuses to pay you anything at all, I think it is perfectly legitimate for you to take enforcement action and let the Court decide what would be fair in the circumstances.

LMM

  • maryjane59
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06 Jun 12 #335378 by maryjane59
Reply from maryjane59
Thanks for that. He should be paying me £500 per month.
He was a high earner but doesn''t get on with people. It''s difficult to sack people nowadays and I believe he will have instigated a good redundancy package - he''s done it 4 times before. He always interviews well and gets a job but when he''s been made redundant before he normally has about 6 weeks off through the summer then gets a job and pockets about 20+k.
I''m not sure though whether he will go self employed now.
He''s had 3 holidays since his redundancy in April but says he has no money and of course CSA of £600pm has stopped as he''s not working.
I bought a very cheap house that is being extended and refurbished at present(I have 2 children from previous marriage grown up but live 3 hrs drive away so when they visit they stay over. so house desperately needs extending)
I have 100k in the bank to cover this work from the settlement.
Would the Judge expect me not to finish the work and use this money which was earmarked to rehouse us to live on? Ex lives in a house c300k with 50k mortgage
Also do I take it back to court now or do I just sit tight for a while and see if he gets a job. Order was dated Sep 2011 but spousal maintenance should have started after FMH sold in Jan 2012
I send an email to him weekly asking what plans he has to make some provision for his child. I also ask about spousal maintenance but he just doesn''t respond.
However he has said to my face that I won''t get another penny of his money.
Really don''t know what to do. I''m finding it quite difficult to work as I''m in an emotionally, mentally and physically exhausting job. I just feel like giving up, but I have my son to think of and have to somehow try to carry on.
Any advice would be gratefully received.
Thank you

  • maryjane59
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07 Jun 12 #335540 by maryjane59
Reply from maryjane59
Hi I also wanted to ask what enforcement action I should be considering. He has a lot of equity in his house about 200k and redundancy which I think will be about 40k. Do I request form A and ask for a capitalization or do I leave it open ended for the Judge to decide how this money should be paid. Is that still form A? He should be paying me £500pm

  • Fiona
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07 Jun 12 #335594 by Fiona
Reply from Fiona
The problem with enforcing arrears is that the proceedings can be stalled to hear a variation application. Either you could apply for a variation to capitalize or your ex could apply to reduce the amount he pays because he has no income. Variation proceedings are lengthy and costly and even if someone represents themselves there is a risk they might be ordered to pay the other sides costs. if they are unsuccessful. The other risk is the court would look at the overall circumstances and if your ex''s has no income SM could be reduced to a nominal amount or terminated altogether.

If you can manage and your ex is likely to find work in a couple of months it might be easier and quicker holding off and then apply to enforce the arrears with an arrestment of wages. You shouldn''t leave it too long though because only arrears of less than one year can be enforced without seeking leave from the court.

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07 Jun 12 #335598 by Fiona
Reply from Fiona
Sorry, arrestment of wages is attachment of earnings in England & Wales. :blush:

  • maryjane59
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07 Jun 12 #335615 by maryjane59
Reply from maryjane59
Thanks for that. Is the one year rule from the date of the order or the date maintenance was due to be paid after sale of FMH? Problem is I think he will go self employed and so say he''s not earning anything.
What do you think of me applying to the magistrates court for enforcement of order? It then puts the ball in his court to take it to county court for downward variation if he does that can I then counter request capitalization? He''s always said I wouldn''t get a penny of his money. He''s not paying any child maintenance either so finding things really tight.

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