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Hi,
My husband is self employed and was paying maintenance to his ex-wife through the courts. He had a stroke 4 weekds ago and is unable to work and is therefore not getting any salary. He does have some insurance policies in place that are currently being claimed.
His ex wife is demanding that he continues to pay, although I have spoken with the courts eho have told me to cancel the payment, at which time the "arrears" will be assessed.
She has said to the courts that she wants him to attend a hearing, which is obviously can't do and his GP is writing a letter to confirm this and that the added stress will hinder his recovery.
I am extremely worried as my salary alome doesn't cover our outgoings, let alone maintenance payments.
Her current property is worth circa £450k with a £75k mortgage. Ours £180k with £150k mortgage. Would the courts look at this as she would be able to sell her property and by one unemcumbered.
Many thanks
Hi
I would suggest that you contact the Citizens Advice Bureau to see if they can give advice, but let us know how you go on. Assuming the court order is over a year old, I believe that your husband can ask the CSA to take over the maintenance, and I would say that your husband would be assessed as not liable if he has no income, or at £5 per week if he is now on benefits.
I hope he has a speedy recovery.
Many thanks for your response. The court order has been in place for many years.
His ex wife is now saying she can't pay bill or her mortgage and has said she is going to bring the children over to live with us as she can no longer support them as the funds have now stopped.
As mentioned before my husband is in no fit state to deal with this. I am currently trying to sort out his insurances which is taking some time and feel very under pressure, as also have to work full time.
I have an appointment with a solicitor next monday but am sick with worry.
I'm really sorry to hear about the problems you are facing. I wish your husband a full and speedy recovery.
You are doing the right thing by seeking legal advice and hopefully this will be productive. I know this is easier said than done, but try to not to worry too much about this. There are solutions to most problems and hopefully by next week you'll have a better understanding of your legal standing. I would think that you may also have news about the insurance policies your partner had in place, which are designed to help you through periods exactly like this.
Best wishes,
FM '70
Hi Palmer
You need to make sure you take care of yourself as a top priority - have you contacted the Stroke association - http://www.stroke.org.uk - you are likely to find a lot of people in the same position as you are and they may be able to help with advice and support. Also have a word with your GP, they should be able to point you in the direction of local services that can help.
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