Do you have to pay maintenance to your ex-wife if you remarry?

If you pay spousal maintenance to your ex-wife and you remarry, your new marriage will have no bearing on this and you will need to continue making spousal maintenance payments. However, if your ex-wife remarries then this would automatically terminate the Maintenance Order between you. For…

How much maintenance should I pay my ex?

My partner and I have split and we can’t agree how much I should pay for looking after our two young children. She wants £200 a week but that would leave me with little to live on. How can we resolve this without the expense of going to solicitors? C.J., Durham

Why do I have to pay maintenance to my wife?

The husband and wife jointly made the decision to raise a family and thus affected the wife’s ability to earn her own living. In many cases, as I have outlined above, there is insufficient capital to fund a clean break so maintenance payments are the only option.

Where can I find a child maintenance calculator?

Child Maintenance Options (CMO) is a free, impartial service provided by the Child Maintenance and Enforcement Commission – a new public body set up to take responsibility for the nation’s child maintenance system. The CMO website has a child maintenance calculator that will help you work out how much maintenance you should expect to pay.

Can a court order a husband to pay maintenance?

The Court may order one party to pay maintenance for a wife and/or the child, or an incapacitated husband, if there is neglect in doing so. Some of the more common maintenance orders which can be made by the Court are set out below: Direct payment of expenses to a service provider e.g. Childcare Centre, Utilities Providers.

Can a maintenance of Parents Act application be made in the FJC?

Maintenance of Parents Act (Cap. 167B) Applications can be made in the FJC in respect of maintenance including: Fresh application for maintenance for a spouse (including an incapacitated husband) or child; Enforcement of an existing maintenance order for a spouse, ex-spouse (including an incapacitated husband) or child;

What happens if one party fails to pay maintenance?

If one party fails to pay maintenance which has been ordered without good cause, the Court may order the outstanding amount of maintenance (usually referred to as the arrears) to be enforced against him or her.

When to apply for maintenance from the other parent?

Maintenance is a form of financial support. Under the Women’s Charter (Cap. 353), Section 69, you can apply for maintenance; For your child, from the other parent, if he or she neglects or refuses to provide the child with reasonable maintenance;

Can a ex partner refuse to pay maintenance?

But if an ex partner has been instructed to pay maintenance payments and if he can afford to pay, he will be expected to do so. It is a matter for each court to make its own assessment based on all the facts. If they judge that no further maintenance should be paid, then no further maintenance will be paid.

Can a wife terminate maintenance on a new partner?

Firstly, as I explained in my first post about maintenance payments and a new partner, there is no automatic provision in English law for termination of maintenance because of cohabitation, unless a court order expressly provides for this. Very few orders do, because it requires the wife’s consent.

When do ex husbands resent paying maintenance payments?

(Part 2) In my previous post I set the scene in a hotly disputed area of law: maintenance payments and the ex-husband who resents paying after his former partner begins living with another man.

What does it mean to pay maintenance after a divorce?

What are maintenance payments after a divorce. A judge can make one spouse pay the other spouse money on an ongoing basis after a divorce. This is called “maintenance.”. It used to be called “spousal support” or “alimony.”. The purpose of maintenance is to help the ex-spouse support themselves.

Do you have to pay maintenance if you remarry?

Very few orders do, because it requires the wife’s consent. Furthermore the law does not equate remarriage with cohabitation. Upon remarriage, maintenance payments cease. Current law therefore requires a review of all the circumstances, but not an automatic cut-off of maintenance payments simply because a couple is living together.

What happens if my ex doesn’t pay child maintenance?

You aren’t responsible for making sure your ex-partner pays child maintenance. If he or she doesn’t pay, the CMS can take enforcement action, such as taking money directly from their wages or forcing the sale of a property or belongings.

Can a judge make a spouse pay maintenance after a divorce?

Average: 2.8 (4 votes) A judge can make one spouse pay the other spouse money on an ongoing basis after a divorce. This is called “maintenance.”. It used to be called “spousal support” or “alimony.”. The purpose of maintenance is to help the ex-spouse support themselves.

Is it true that my husband does not pay child maintenance?

We both work, but he owns his own company which is very successful and I only earn £14,000. My husband pays the mortgage and most bills out of his own account and has told me that if the kids want anything all they have to do is ring him, but he will not give me child maintenance.

Why does my ex husband not pay child support?

My ex-husband won’t pay child support because he pays the mortgage on the house and most of the bills. Is this right? My husband and I separated nearly a year ago.

When to file for maintenance from your husband?

For yourself, from your husband, if you are a married woman whose husband neglects or refuses to provide you with reasonable maintenance; For yourself, from your wife, if you are an incapacitated husband whose wife has neglected or refused to provide you with reasonable maintenance; or

How is spousal maintenance paid to a former spouse?

Equally if you already pay spousal maintenance to your former spouse, or they pay it to you, either of you can apply to the court for this regular payment to be ‘capitalised’ at any point. Often solicitors will calculate an appropriate capital sum using ‘Duxbury tables’.

What should I do if my ex husband neglects my maintenance?

If your ex-husband or wife neglects their maintenance obligations: The cantons are required to provide a free service to help the person entitled to maintenance to recover the payments. In addition, all cantons will, under certain conditions, make advanced payments to tide you over until the amount is paid.

How can I stop paying maintenance to my ex wife?

This tends to take the form of maintenance being paid, until either you and your ex-wife agree it ceases, or you return the matter back to court and ask the judge to decide that it ceases.

How does spousal maintenance work in the UK?

In recent years, courts are more frequently making term orders: under these agreements, spousal maintenance runs for a period of time until the other spouse is judged to be able to manage without the maintenance. The English Family Court operates a discretionary system, so it depends on an individual judge’s view as to what is fair.

When does a term order for spousal maintenance end?

In the majority of cases, the courts will issue a term order, a fixed duration. However, if the recipient would not be able to adjust without the payment, a life order will be made. This is where spousal maintenance should be paid until either party dies. All spousal maintenance orders end on the remarriage of the recipient.