Has your spousal maintenance been stopped ?
Aug 4, 2015
With the fluctuations in the economy and trying to balance a budget, ensuring our finances are in order is of critical importance. In fact when the emotional heartbreak in a divorce takes its toll too many of us are tempted to bury our heads in the sand especially when it comes to resolving spousal maintenance issues. Family Lawyer Sandra Machin says.
Divorce is a painful and traumatic experience. The majority of people just want to move forward with their lives as quickly as possible. However, it is important that anyone going through divorce ensures they resolve the finances at the same time as the main suit divorce.
Where spousal maintenance is payable some partners remain tied to each other for the duration of the maintenance order. It is possible for either party to apply to the Court for payments to be varied either upwards or downwards or even capitalised according to the circumstances of the case. This process however can lead to clients feeling uncertain and insecure as to the next steps to take.
The maintenance level depends on your financial situation. If either party wished to vary the payments you need to reach an agreement. If that is not possible, then either party can apply to the Court for a variation.
The fluctuations in the economy make it increasingly common for people to take matters into their own hands and vary the level of maintenance without consulting the Court, or, more importantly, their former spouse. This can have unpleasant ramifications for those whose livelihoods depend on this money.
Sandra Machin comments that if maintenance is stopped or reduced the worst thing you can do is a delay. There are a number of options open to you. However, it must be remembered there is a presumption that you can only recover up to 12 months' arrears therefore the parties need to act quickly.
If you are currently struggling to pay maintenance, then there are various courses of action you might consider. A change in circumstances doesn’t necessarily mean a legal battle will ensue. The best thing is to seek advice sooner rather than later. If you act quickly, you can limit the emotional damage and also the damage to your bank balance.
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