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Topic:
Maintenance....is there a point? (12 Posts)
Started By:
Date:
23 August, 2017 07:37AM
Maintenance....is there a point?
karen9764 - 23 August, 2017 07:37AM
Is there any point to me seeking maintenance from hubby due to the following..

He is 66yrs old and claims his state pension (no private pensions)
He continues to work self employed,but since i applied for ancillay relief his income has dropped,no work etc..now only earns around £30per wk (yes,i know he's lying)
He will also be working for his son in the new year...again,once this is all over.
Re: Maintenance....is there a point?
Bubblegum - 23 August, 2017 07:42AM
Only If you can show that you have the need and he has the resources, then you should apply.
Re: Maintenance....is there a point?
karen9764 - 23 August, 2017 07:55AM
Thank you for your reply.

He has the resources but is painting a very good picture of a man who has nothing,being self employed earning cash in hand for work he carries out,enables him to lie about his income,which he is doing.
I suppose he is doing this for the bigger picture as we are due to exchange Form E's and attend our first appointment soon.
Re: Maintenance....is there a point?
jill_of_all_trades - 23 August, 2017 10:03AM
He sounds like he would not pay the maintenance if it was awarded - go for a clean break otherwise you will be chasing him for money he can "prove" he has not got.
Re: Maintenance....is there a point?
Andyk - 23 August, 2017 11:10AM
Maintenance is based on need and ability for the other person to pay it, obviously he is trying to make out he earns very little but is there a need for it? You could see if you could get nominal Maintenance which leaves the door open for you to claim when he starts earning big bucks.
Re: Maintenance....is there a point?
karen9764 - 23 August, 2017 11:12AM
Spot on...Jill
He does have the money,just doesn't want to part with it,well not to me anyway.
He currently pays voluntary maintenance,only recently though,as he thought it would make him look good for court. I know he will stop once everything is sorted.Not really a problem,i don't want anything off him anyway,never asked him for anything all through our 30yrs toogether,don't intend to start now.Good riddance to bad rubbish.



Edited 1 time(s). Last edit at 23/08/2017 11:19AM by karen9764.
Re: Maintenance....is there a point?
karen9764 - 23 August, 2017 11:22AM
You are spot on too Andy.
I see what you are saying with regard to maintenance at a later date but to be honest i just want him completely out of my life...long painful story.
I am more concerned with how his poverty stories on Form E are going to look when it comes to settlement.
Re: Maintenance....is there a point?
davidterry - 23 August, 2017 01:11PM
He is 66 and claiming his state pension. How long do you expect him to work?
Re: Maintenance....is there a point?
karen9764 - 23 August, 2017 01:27PM
He is being very secretive about his work.
He is currently self employed but claiming that he earns very little now. He will be working either self employed or employed by his son in the new year once our divorce has gone through and the settlement already dealt with but has said it will be until he is 70. He clearly does not want to pay maintenance hence the secrecy.
It is very difficult to deal with someone who is very selfish and a compulsive liar.
Re: Maintenance....is there a point?
davidterry - 23 August, 2017 02:58PM
I think most 66 year olds who are claiming their state pension would be somewhat reluctant to work in order to pay maintenance to their estranged spouse. And at his age unless his circumstances are exceptional I think a court would be reluctant to attribute any significant earning capacity to him.
Re: Maintenance....is there a point?
karen9764 - 23 August, 2017 03:46PM
Thank you for your reply davidterry.

I understand what you are saying and i get that,maintenance is not a problem. I am more concerned about the picture he is painting of his earnings/lifestyle etc. He is better off than he makes out,how else can he be running his 2 cars and a van.It is clear that he is going down this pauper route for the purpose of Form E and the impending settlement.
Re: Maintenance....is there a point?
Bubblegum - 23 August, 2017 05:15PM
So your question is more about poor disclosure. Once the Forms E are exchanged, you have an opportunity to raise questions of them in a questionnaire. This is where you need to pay attention and look for gaps and unexplained spending etc. Then ask for evidence and question this to show non disclosure.

My ex on paper was claiming JSA and had no assets, but I knew he was taking two long haul holidays every year. This was evidenced in text messages where he had told me where his was going and when. In my questionnaire I asked him to evidence where the money for these holidays came from and how they were funded. The carefully worded questions asking for evidence help to show that he had greater resources than what he had declared and damaged his credibility.
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