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Clare, Solicitor
Category: Law
Satisfied Customers: 35044
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Question for friend: I am ex wife (50) receiving post divorce

Customer Question

Question for friend: I am ex wife (50) receiving post divorce maintenance payments from ex husband (53) who is in full time high paid secure job with good pension, 7 years after divorce; we have 3 children 10,13,17 all at school. I receive approximately the same per annum for me as for the kids - lets say 20k + 20k = 40k. The consent order states he has to pay my element of maintenance for another 7yrs, until youngest child leaves school at 17/18.

H wants to stop paying my element, or agree a capitalise figure. He is very able to pay. I do not have Duxbury tables, but they seem maybe inappropriate anyway as are to end of life not limited to 7 yrs from now? Is it just a matter of discounting each year at, say, 3.75%? Like this:
For my element:
This year 1: 20k
Yr2: (20k x (1-.0375))=19.25k
Yr3: 19.25k * (1-.0375) = 18.5k
Yr4: 18.5kk * (1-.0375) = 17.8k
etc all the way to Y7, then add them all up, and thats the figure?
How would this figure differ with Duxbury?
In what way could this figure be challenged?
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.

I've been working hard to find a 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!
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you
The fact is that over the next seven years your ex would have to pay you a total of £140,000
Of course he could give you that now - and since it is your ex who wants to achieve this there is no reason for you to be generous in your discount
From his point of view the risk is that he pays you and you remarry next week; from yours that you have no fall back and cannot in the future apply for an upward variation.
The way you have suggested is certainly as good as any and is a reasonable approach to have taken
Please ask if you need further details