Spousal Maintenance

[KC1]

Very long story,but I will summarise.
Husband divorced in 2004, long marriage.children adult at divorce. Pot split 53/47 in her favour including pension pot,plus periodical payments of £375 pcm until husband reaches his 65 th birthday.
2007 (approx) she cohabits and rents out her flat.Legal advice sought but advised unlikely to get a variation order.
2009,he is made redundant and applies successfully to have the maintenance varied to nominal.
2011 he starts a part time job working for his son ,earning £600 pcm,cashes in his pensions early giving him £1100 pcm approx less tax total income.
2012,she splits from her partner.
2014,she serves two applications but for some reason never follows through and they get struck out.
2015,she applies again for an upward variation, first appointment in September, FDR in November and FH next week.
She has stated her income as £798 pcm,her share of the pension which she has also cashed in. She is unemployed,but describes herself as "retired".
She drives a £32000 car,and owns a horse. We do not believe her income can be as stated but cannot prove otherwise despite going through her bank statements etc with a fine toothcomb.
He is a LIP,she now has a solicitor,her second one in fact.
Now,he has received a letter saying she wants £600 pcm maintenance, or capitalisation at £30k. there is also a statement of costs at £3k which I assume means they think they will be awarded costs?
None of this is affordable,we live a very frugal lifestyle as it is. I work odd days on a zero hours contract.
We just do not know what to do!

[Openlaw15]

Re: Spousal Maintenance

Very long story,but I will summarise.
Husband divorced in 2004, long marriage.children adult at divorce. Pot split 53/47 in her favour including pension pot,plus periodical payments of £375 pcm until husband reaches his 65 th birthday.
2007 (approx) she cohabits and rents out her flat.Legal advice sought but advised unlikely to get a variation order.
2009,he is made redundant and applies successfully to have the maintenance varied to nominal.
2011 he starts a part time job working for his son ,earning £600 pcm,cashes in his pensions early giving him £1100 pcm approx less tax total income.
2012,she splits from her partner.
2014,she serves two applications but for some reason never follows through and they get struck out.
2015,she applies again for an upward variation, first appointment in September, FDR in November and FH next week.
She has stated her income as £798 pcm,her share of the pension which she has also cashed in. She is unemployed,but describes herself as "retired".
She drives a £32000 car,and owns a horse. We do not believe her income can be as stated but cannot prove otherwise despite going through her bank statements etc with a fine toothcomb.
He is a LIP,she now has a solicitor,her second one in fact.
Now,he has received a letter saying she wants £600 pcm maintenance, or capitalisation at £30k. there is also a statement of costs at £3k which I assume means they think they will be awarded costs?
None of this is affordable,we live a very frugal lifestyle as it is. I work odd days on a zero hours contract.
We just do not know what to do!

Provide more details, ie how old are the adult children, are they under 21 and still in education? They live with her, hence the maintenance demands? What are his entire assets? Does she have any shares in companies etc? 30k capital she ants, how much capital does he have? Is the 32k car hers or rented? How much comes in from her renting the flat? Who maintains the horse and who funds it? It would be easier if you listed her current assets and his current assets separately, to see whether there is potential for a variation order.

[KC1]

Re: Spousal Maintenance

Thank you for your reply. Both children are adults,aged 34 and 36. They have their own accomodation. He has no assetts apart from a five year old car and the house he shares with me,we do not have a mortgage as we bought it from the sale of my previous home and his share of the assett split when he divorced.
He has no savings or capital (well, £100 in premium bonds that I gave him as a gift years ago!) The car is hers which we know for a fact as we know the person who owns the garage where she bought it. She moved back in to her flat when she split from her new partner and although we believe she still rents out a room there we cannot prove it.
She has only just mentioned the horse in the position statement from her solicitor, we have no idea how she funds it. She claims to have no assets apart from the car and the horse,she says the latter is of no value and the car is worth 14,500 which will easily be disproved.

[Openlaw15]

Re: Spousal Maintenance

Thank you for your reply. Both children are adults,aged 34 and 36. They have their own accomodation. He has no assetts apart from a five year old car and the house he shares with me,we do not have a mortgage as we bought it from the sale of my previous home and his share of the assett split when he divorced.
He has no savings or capital (well, £100 in premium bonds that I gave him as a gift years ago!) The car is hers which we know for a fact as we know the person who owns the garage where she bought it. She moved back in to her flat when she split from her new partner and although we believe she still rents out a room there we cannot prove it.
She has only just mentioned the horse in the position statement from her solicitor, we have no idea how she funds it. She claims to have no assets apart from the car and the horse,she says the latter is of no value and the car is worth 14,500 which will easily be disproved.

Thanks for that KC1.

Why did the lawyer not think the variation order would be successful the last time? Do you have a copy of the court order to copy and paste on here, minus the personal details (ie names etc)?