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ref my divorce of 18 years ago i am still paying my my ex-wife

 
Kasare's Avatar
  • Answered by:Kasare
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ref my divorce of 18 years ago
i am still paying my my ex-wife 650 per month in maintenance and as it was originally granted for 5 years i feel a little aggrieved !!!
sadly within the 5 years she was diagnosed with breast cancer and at the time i was advised not to stop paying it - however she has now been in remission since it was treated at about 3-4 years into the 5 years
i would welcome any thoughts you may have
i am 71.5 years old and she is 4 years younger

 

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Province/Country relating to question : bucks

Already Tried:
nothing as the divorce was so painful i didn't want to take her on agai

Submitted: 541 days and 10 hours ago.
Category: UK Family Law
Value: £28
Status: CLOSED
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Expert:  Kasare replied 541 days and 9 hours ago.

Hi there, have you broached the subject with her at all? Spousal maintenance is usually awarded for life or for a specified period. It would appear that yours was for a specified period - and thereafter you should have considered the topic, i.e. whether her circumstances had changed etc and if so, returned to court to amend the spousal maintenance.

 

Has your ex wife ever remarried? If so then usually maintenance would have (or rather should have) stopped at that point. If not, and you do not believe that you approach this subject with her, then I am afraid I would suggest you make an application to amend the original order.

 

However your applications will have to contain full reasoning for the court to consider - such as, for example, you are retired now and cannot afford the £650.

 

If you have any further questions resulting from my advice please do not hesitate to ask.

Customer replied 540 days and 9 hours ago.

IT WAS ORIGINALLY MADE FOR 5 YEARS TO ALLOW HER TIME TO RETRAIN AND GET A JOB BUT IN THOSE 5 YRS SHE WAS DIAGNOSED WITH BREAST CANCER

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Expert:  Kasare replied 540 days and 8 hours ago.

Hi, I appreciate that, but if she got breast cancer within those 5 years and then went into remission within the 3rd or 4th year and the cancer has not returned, then you should have gone back to court on this to have the situation reassessed some time ago.

 

Did she ever retrain and go back to work?

 

I would recommend you do this now if it is appropriate, i.e. you can no longer afford to pay this and/or your ex wife does have the means to support herself and also if you consider your wife will not enter a formal agreement with you to reduce this.

Expert TypeSolicitor
Category: UK Family Law
Pos. Feedback: 97.7 %
Accepts: 172
Answered: 11/4/2011

Experience: LLB (Hons)

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Customer replied 539 days and 13 hours ago.

iknow nothing of my ex's income position and am therefore nervous about taking such action It worries me that as she is a Dutch national she will not declare any income she may have from holland?

Customer replied 298 days and 13 hours ago.

Relist: Incomplete answer.

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Expert:  claire replied 298 days and 11 hours ago.

Hi
What is the actual wording of the court order when it come s to spouse maintenance.
What income do you now have?
Claire

Customer replied 298 days and 11 hours ago.

hi Claire


where will i find the court order wording please ?


 

Customer replied 298 days and 11 hours ago.

i am not sure exactly how much i get currently

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Expert:  claire replied 298 days and 11 hours ago.

Hi
It will be on the original Court Order which set out how much you had to pay
Claire

Customer replied 298 days and 11 hours ago.

thanks will try and find it tonight ?


 

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Expert:  claire replied 298 days and 9 hours ago.

Hi
Ok that's fine
Claire

 
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