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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have been awarded nominal spousal maintenance at a final hearing thi

Customer Question

I have been awarded nominal spousal maintenance at a final hearing this week. I have serious health problems and had hoped I was a good case for maintenance payments which my solicitor said I was very likely to get. Now I am very worried I might get into financial difficulty and then struggle to get the nominal maintenance increased. the whole situation is worrying me sick

Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
My name is XXXXX XXXXX I shall do my best to help you but I need some further information first
What reasoning did the Judge give for that decision?
Claire
Customer: replied 4 years ago.

My proposals were to defer the sale of the family home where my ex lives with our child and to receive maintenance with the jointly owned house to be sold when our daughter finished full time schooling. I am currently on an extremely low income of disability living allowance due to me having capital over the means tested threshold as I inherited money due to my mum passing away after the Decree Absolute was granted last December. My ex earns around £55,000 per annum but he stated he could not afford to buy me out lied about his income needs, my contribution as a mum and even filled in the bad behaviour box on the form E with lies although it was not a conduct case. He did not disclose an ISA worth £15,000 and has behaved in a deplorable way being emotionally abusive towards me for years but I stuck to the facts on the form E and did not mention his conduct as it did not seem to be relevant to conduct - although extremely distressing. My solicitor said the Judge would not expect me to live my life on welfare benefits for life which was what my ex had planned for me. I had been on enhanced benefits due to disability my solicitor more or less said she would bet her house on me getting maintenance. My ex was also evasive regarding having a partner for 3 years. Its seems the Judge was fooled by his lies. I had not claimed any Maintenance for 5 years despite being homeless for two years following my ex separating whilst I was on an acute psychiatric ward. My ex's legal team stated I had no right to maintenance as I had not claimed any for almost 5 years but in reality I had gone through extreme hardship to allow my daughter to stay in our house and to enjoy all possible luxuries. It would seem I am being punished for not asking for the financial support I needed from the start and the uncertainty of having only nominal maintenance is exacerbating my mental illnesses

Customer: replied 4 years ago.

My proposals were to defer the sale of the family home where my ex lives with our child and to receive maintenance with the jointly owned house to be sold when our daughter finished full time schooling. I am currently on an extremely low income of disability living allowance due to me having capital over the means tested threshold as I inherited money due to my mum passing away after the Decree Absolute was granted last December. My ex earns around £55,000 per annum but he stated he could not afford to buy me out lied about his income needs, my contribution as a mum and even filled in the bad behaviour box on the form E with lies although it was not a conduct case. He did not disclose an ISA worth £15,000 and has behaved in a deplorable way being emotionally abusive towards me for years but I stuck to the facts on the form E and did not mention his conduct as it did not seem to be relevant to finances - although extremely distressing. My solicitor said the Judge would not expect me to live my life on welfare benefits for life which was what my ex had planned for me. I had been on enhanced benefits due to disability my solicitor more or less said she would bet her house on me getting maintenance. My ex was also evasive regarding having a partner for 3 years. Its seems the Judge was fooled by his lies. I had not claimed any Maintenance for 5 years despite being homeless for two years following my ex separating whilst I was on an acute psychiatric ward. My ex's legal team stated I had no right to maintenance as I had not claimed any for almost 5 years but in reality I had gone through extreme hardship to allow my daughter to stay in our house and to enjoy all possible luxuries. It would seem I am being punished for not asking for the financial support I needed from the start and the uncertainty of having only nominal maintenance is exacerbating my mental illnesses

Expert:  Stuart J replied 4 years ago.





I see that you opted
my colleague out of the question.

I assume that this
was done in error and you might want to ask admin to opt her back in again
because she is probably the best family/divorce lawyer on the site



regards





Expert:  Nicola-mod replied 4 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola