Spousal Maintenance application to have Term Extended

Ex wife has applied to court to have spousal maintenance extended until youngest is 25 on the grounds that she has run up debt since Final Order was made. Youngest is 13, SM due to end when he is 18.

She was working full time before and during divorce but now is working less due to commitments to children but do not yet have details of this.

She has also asked that the clause of spousal Maintenace stopping should she remarry or cohabit be removed. She has been engaged to her new partner for 18 months so would assume she they are looking to marry.

unfortunately have no contact with children for many years - separate issues.

What is the likelihood of SM term being extended and clause of her remarrying/cohabiting removed?

Try not to worry too much, this will almost certainly get laughed out of court:

1) She will need an extremely good reason to need to spend more time at home looking after a teenager than she needed to look after a pre-teen. In reality, when children reach this age recipients of spousal maintenance are expected to maximise their income including working full time.

2) She is cohabiting with someone who can share the cost of some of the bills with her, even if the cohabitee is only receiving benefits.

3) She clearly isn't getting legal advice. Spousal maintenance always ends on remarriage and she also has no chance of removing the cohabitation clause from a Consent Order.

4) No court will extend spousal maintenance to cover "minors" until age 25. Once aged 18, they themselves can apply for benefits to contribute to the household.

Has she actually applied to court? If not, I would ignore her and do not make a single concession. Kindness will be used as a weakness and she will keep asking for more. She needs to be brought back to reality and stand on her own two feet.

Thank you for taking the time to reply.

Would the court take in to consideration any debt that has been run up by her since the Final Order was made?

She is asking to remove my charge back from the marital home that is due when youngest is 18 on the grounds that she has run up debt since the Final Hearing.

No, she has little to no prospect of success. Her debt appears to be caused by her decision to not maximise her earning capacity and the consequences of that fall on her.

The charge back is in a consent order and cannot be changed just because someone can't manage their finances.

Thank you!

As I am the respondent how do I answer the question on the FM5 that asks what order I wish the court to make?

I'm not sure I understand the question as the FM5 Statement of position on
non-court dispute resolution is a form you complete if non-court dispute resolution has broken down. Have you already been through NCDR with your ex-wife?

Technically you are not looking for new court orders. For the most part, you are saying that the orders already made should stay in place (and the court will agree). You are also opposing the application to extend spousal maintenance.

I would also suggest that you tell her that if she does take it to court to extend the maintenance, you will apply to vary it downwards because of her cohabitation. If she has any sense at all she will back off.

I also have a sense she is trying to cause trouble in order to get you to capitalise the maintenance before re-marrying so definitely don't agree to any lump sums for a Clean Break now.

She has applied to the court and a date has been set for October - she's told the court she's tried to contact me but to no avail - which isn't true.

Would you suggest attempting mediation?

The document sent to me by the court indicates that's what I need to complete ahead of the hearing?