LegalEagleStar

… a kind of Legal Column

Maintenance money stops

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Q   I  AM separated four years from my husband and he has been paying me maintenance for myself and the three children since then until recently. He told me that he heard on good authority that another man had moved in with me and the children and that it was up to him to provide for us. This is untrue. I do have a boyfriend without whom I would be lost but he doesn’t reside with us. Does my husband have any grounds in refusing to pay me?

A   FIRST of all, if your husband is paying your maintenance as a result of a Court Order he is in breach of that Order by reducing your payments without first bringing you back to Court. In Court he would have to show that your boyfriend was contributing to your upkeep before the Court would reduce your maintenance. Maintenance is purely a matter of money. The Court in determining what sum of money should be paid by your husband to you for yourself and your children will look at both of your circumstances. All payments in and out will be noted and the Court will provide for proper maintenance to be paid to cover your household and other expenses providing for the proper care of your three children.

THE STAR.  Friday January 19, 1990

Written by LegalEagleStar

January 2, 2011 at 5:05 pm

2 Responses

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