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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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maintenance

Resolved Question:

Divorced 1995,maintenance payments "petitioner does not intend to apply for termination before respondents 60th birthday". took advice 5 yrs ago,advised not to challenge as likely to have payments increased.now I am retired.all capital claims dismissed at original hearing 1994. ex wife in matrimonial home, one son 30 yrs still at home. ex wife is  66 yrs in Dec. still working,receives 477.67/month from me. If I was to apply for termination, would the court  increase the payments? If I were to re marry, would ex wife be entitled to more?would ex wife be able to claim from new wives property and money?

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
What is your current income?
Clare
Customer: replied 3 years ago.

retired GP, net 3600 per month

Expert:  Clare replied 3 years ago.
Hi
Do you know what income your ex has?
Clare
Customer: replied 3 years ago.
No I don't . Sorry
Expert:  Clare replied 3 years ago.
Hi
Does she work?
has she inherited any capital since the divorce?
Clare
Customer: replied 3 years ago.

still works, no idea if inherited anything

Expert:  Clare replied 3 years ago.
Hi
has she always worked?
Clare
Customer: replied 3 years ago.
No had time off when bringing up children
Expert:  Clare replied 3 years ago.
Hi
Was she working at the time the Maintenance Order was made?
Clare
Customer: replied 3 years ago.
Yes she was but her income at that time was less than £1000 per month, and I was paying Money ordered by CSA as well
Expert:  Clare replied 3 years ago.
Hi
Then you need to understand that making the application is a risk - not a major risk, but a risk at all.
It is unlikely that the amount will be increased - but there is no guarantee that it will be reduced either - and the only way it is likely to be dismissed is in return for a further Lump Sum payment of some sort.
Your ex would have no claim on your spouse's income and assets in the event of your remarriage
Please ask if you need further details
Clare
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