Hi Folks, just wondering if anyone out there can help here.
I have been divorced for 2 yrs and receiving maintenance (agreed by the courts here)from my ex until the end of november when he became unemployed. He was working in Holland and is still living there and receiving Dutch unemployment benefits which I have read online here will give him up to 70% of his last salary for a couple of months. He was earning a very good salary and 70% would still be a nice income for most of us. Granted he will not recieve that amount forever but it has been really hard going and I have had to take on another job to try and cover some of the loss of the maintenance. I live in scotland and was wondering would he still be obliged to pay something towards maintenance or would it be considered arrears to be paid back when he starts work if he gets anything, or will he have to pay nothing until he is back in work?
Unless the agreement is varied he is liable for payments and any arrears can be enforced like any other debt. However, if he is deemed no longer to have the ability to pay the courts could vary the agreement for the future anyway. The best and cheapest thing is to negotiate and come to an agreement between you which can be legally documented by a solicitor.