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  • julie321
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27 Aug 12 #352139 by julie321
Topic started by julie321
Could anyone tell me how long naintenance pending is paid for. Is it a limited period or until finances are completely sorted.


  • rubytuesday
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27 Aug 12 #352150 by rubytuesday
Reply from rubytuesday
Julie, as you know, MPS is periodical payments (usually payable monthly) for a limited period of time while the overall finances are resolved between the parties. Once the finances are resolved MPS then ends and either no order is made for periodical payments due to the capital division, or spousal maintenance is ordered.

You can apply by way of a Form A. The Form A can be filed on the same day as the divorce petition, but there must be a divorce Petition filed to apply. If you haven’t filed for Ancillary Relief you may as well apply for that at the same time to save a further application fee.

You will get a court date for the MPS hearing fairly quickly. Both parties have to file a sworn statement of their income and out goings so the court can assess if MPS should be paid.

MPS is to meet the short term financial needs of the applicant while the wider finances are resolved.

The Court simply looks at the income of the receiver and determines if there is a need. If there is, MPS is likely to be paid as a priority over any other outgoings of the payer, especially if there are children and there are housing costs to be paid. It is the rare case when it is not ordered, and only usually when the potential payer is on a low income. The receiver will be expected to have applied for any benefits they are entitled to if not working, and for tax credits if they are.
Should there be an order at all?

Often the court will err on the side of caution of making an order rather than not, as it is a time limited order in any event. The court is very liberal on MPS applications, especially when there are children and the housing costs of the parent with care needs to be met.

As with spousal maintenance there is no formula. The basic calculation is the receiver’s outgoings minus any income he or she receives. If there is a gap there is a need, and that forms the ­base­line figure. Then one looks to the resources of the payer, and if there is an ability to pay that ­base­line figure. If so, it is awarded. However, that is not the end of the calculation. One then looks at the lifestyle the parties enjoyed during the marriage. If the payer can afford to pay more so that the receiver can continue to enjoy a similar level of lifestyle, then that will be so. The court adopts a very liberal approach to MPS, particularly as it does not have to balance the calculation against the wider capital division as that comes later.

The usual duration is until further order. In effect it is usually until the financial matters have reached a conclusion, when the MPS will become spousal maintenance or be dismissed.

  • julie321
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28 Aug 12 #352280 by julie321
Reply from julie321
Thank you Ruby for your comprehensive reply. When daughter leaves for university my tax credits and child allowance will stop. Mt stbx has paid a very generous £600 pper month towards mortgage and maintenance but obviously and quite rightly he will no longer wish to pay for daughter as he has said he will help her at uni.

However this will leave me with only £608 per month pension, I have enquired about other benefits but have been told I cannot get anything, even job seekes as I am looking for further employment, so as I see it I will have to start divorce proceedings apply for MPS.

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