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Old 26-10-2009, 09:34 AM
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Dragonlady Dragonlady is offline
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Default Hypothetical questipn regarding maintenance after divorce

Sky Dragon has a maintenance order awarded against him after his divorce. Ex wife gets 200.00 a month from Sky Dragon, ex wife is 70, ex wife carer for son and daughter-in-law, ex wife gets state pension and superannuation. Sky dragon does not know if she gets carer's allowance also.

No minor children are involved in this.

200.00 ceases in Sky Dragon's death. An assessment for variation can be applied for on remarriage but papers do not say whose remarriage.

As Sky Dragon is remarrying, should he force the issue and cease paying ex wife this 200.00 a month? Ex wife knows he is remarrying. His circumstances have definitely changed since this order was made, he is now on a pension and not working full time. This order has been in place since 2002.
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Old 15-08-2010, 03:32 PM
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Update, we have learnt a lot over the last few months. In the process of obtaining a variation or complete clean break. Maintenance was stopped this June, well that brought things out. Ex wife on phone demanding money, our very switched on family lawyer sent her a letter outlining the state of the nation and to take the letter to a solicitor. Off she goes to the the solicitor who handled the divorce and original settlement. Now this is where the fun starts.

The original agreement turns out to be wrongly drafted and to add to the fun the Judge in the local court allowed it to go through. Bad advice was given Skydragon and he felt pressured to sign it.

Ex wife now has to give a full and truthful income and expenditure Form E as does Skydragon. Her income is more than his, her expenditure is less than his..skydragon only has to pay the maintenance until new agreement is reached or is decided by the Court. he only has to pay it on a certain date and not as originally dictated by ex wife. It turns out she has been paying her mortgage and council tax with this money. I know this is vindictive, but as the maintenance was stopped and because of her own arrangements, she now has two late markers on CRA file regarding the mortgage. Now who was a foool in the first place. Skydragon, he has paid her 20,000.00 maintenace in advance (this is nearly 10 years worth and also 50% of the profit of the ex matrimonial home and now finds out she is using the money to pay the mortgage, so I guess you can say he has bought her new house. oh the other thing we discovered she has a superannuation pot, which she never declared originally.

Ex wife's solicitor is not a happy bunny, because of the flaws exposed in the original agreement.
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Old 15-08-2010, 09:25 PM
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Subbing this thread with interest rather than being able to add anything to it.
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