Daughters' View & Legal Advice Required

Hello, I may be slightly different contributor to the norm on here. My parents divorced when I was 27 nearly 20 years ago. To this day my sister and I still live with the consequences of that broken relationship but thats not really why I'm here. My mother didn't really work very much during the marriage, they were married very young, my dad went to sea so she stayed at home and brought up my sister & myself. As part of the divorce settlement, in order to compensate her in some part for the lack of a pension, she was awarded a monthly maintenance payment as well as the marital home. The stipulation was that this maintenance payment was to continue to be paid until she re-married. She remained alone for the best part of 19 years but last year met someone who immediately moved in and they have been living together now for about 16 months. My mum is 62 and my dad 65. My dad remarried a few years ago and my stepmother recently retired. He took early retirement when he was 50 due to ill health.
My dad feels that now my mum is cohabiting he should no longer have to pay her maintenance. he has sought legal advice and been ttold that it will be costly to take her back to court. My parents haven't spoken to each other for the best part of 20 years and there is no relationship whatsoever between them. Does he have the right to question the judgement in the light of these circumstances?

Hi,

This is just my personal opinion. I feel that your mother should no longer be receiving SM at this point. Your mother's new partner is benefiting from the FMH, in return why should your father not benefit from termination of the SM.

I am very sorry that you have suffered from the breakdown in your parents relationship. It is very sad, I hope you can find your own way of coming to terms with this history, so that you can find your own fulfillment

Best wishes

Kalamri

Apart from needing grounds to challenge a judgement time is the essence and it is very expensive so applying to court for a variation or dismissal is more appropriate as there is a substantial change in circumstances. Then all the financial position of both parties is looked at afresh. If M's cohabiting relationship is established and depending on all the other circumstances there is every possibility the amount paid will be at least reduced. However, it's worth bearing in mind SM can be increased as well as reduced so your Father should find out where he stands given his individual circumstances before applying.