Maintenance/divorce query

S

shaking

Registered User
Messages
485
About 7 years ago my aunt and uncle divorced, my uncles was ordered to pay maintenance of x amount a month to my aunt for the rest of her life, he also paid her a lump sum. He's now writing to her saying he can't afford to pay her anymore and offered her 25% of what he was ordered to pay for 3 years only, she refused and he has upped it to 40% again only for 3 more years.

All this has been done by him with his own hand no solicitor involved. She is replying by solicitors letter. He is now threatening to bring her to the high court where he says she will have to pay all costs and will probably be ordered to pay him money. She has a substantial lump sum in the bank due to the sale of a house and careful investing. How likely is it that the judge will order her to pay him and also would she be likely to have to pay all costs? He also reckons he'll have her in court next week. She's terrified and thinks she should accept his offer whereas I feel he's just bullying her. There are no dependants involved.

Any thoughts greatly appreciated.
 
He's said that maintenance payments can be reversed but that my uncle can't just decide to reduce them himself. He's written to him twice asking for a statement of means and got no reply.
 
There is nothing to stop Uncle taking the matter to Court.

It is highly unlikely that he will be heading into the High Court any time soon - it takes a little longer than a week to organise a Court date.

Your aunt is right to deal with this through a solicitor - she is obviously stressed by it. In simple terms these are the likley scenarios:

1. He does nothing further and keeps paying the current amount.

2. He implements his new payment and makes no Court application to vary. Aunt chooses whether to accept it - on an interim or permanent basis and does nothing further. Or she chooses not to accept it and takes him back to Court.

3. He goes to Court. The Court cannot vary anything except the maintenance amount. And depending on his/her circumstances, it is possible (although I would have said unlikely) that the Court would order her to pay him any money especially since it seems he is not seeking maintenance himself but is seeking to reduce the amount he pays her.

Its distressing but there is an element of wait and see what happens.


mf
 
Many thanks for your reply mf1, I've being advising here to sit tight and be patient but she is a bit panicked and is losing alot of sleep over it all. If it did end up in court how likely is that she'd have to pay the costs? And would they be in the region of 100k as he is saying?
 
If uncle will not provide a Statement of Means, then it is hard to see how/why a Court would order her to pay his costs if he brings such an application. It is also very hard to see how costs of 100K could be racked up for a maintenance review.

Based only on what you've posted, he sounds like a bully.

mf
 
Divorce / Maintainence Payments

A recent decision from the President of the District court - where applications for variance in Maintainence Orders used to be heard in the District Court - must now be heard in the Circuit Court (especially where the original order was obtained/made through the Circuit Court)
 
There was a very interesting recent court judgment which basically overturned the previous divorce agreement, completely revisted the original decision. It was posted here on AAM. Basically a wife received a lump sum, all monies completely gone via property transactions and she was ill and High Court ruled the ex had to pay again a lump sum etc to pay for her care going foward.

That case to me overthrew any opinions on the finality of divorce settlements so I'd say anything can be changed.

It was such a radical judgment I printed it out and I'll try and see if I still have it.
 
That's worrying as all his money is apparently gone due to property transactions and her lump sum, due to careful investing is still there. So she may be ordered to pay him a lump sum.
 
You must log in or register to reply here.
Back
Top