Q. How much money will I receive?
A. There is no definitive answer as all cases are different and each case must be examined individually. Usually the Child Support Agency deals with child maintenance issues but there are exceptions when the Court can become involved. Spousal maintenance is something the Court can determine after detailed examination of the parties assets, income and reasonable needs.

Q. My ex is now refusing to pay spousal maintenance. What should I do?
A. As long as you have not remarried, and your needs are the same, you can apply to the Court for an order that your ex pay the agreed maintenance. If this fails you can apply for an Attachment of Earnings order so that the money is taken out of your spouse's wages and paid to you directly. If your spouse is not employed there are other methods of enforcement that can be considered.

Q. Am I right in thinking that I only have to pay maintenance for the children?
A. No, there are 2 types of maintenance – spousal and child.  They are independent of each other. Spousal maintenance could continue if child maintenance has ended but often spousal maintenance and child maintenance may end simultaneously.

Q. Can spousal maintenance be changed?
A. Spousal maintenance is variable. If circumstances change, you can apply to have the amount increased, decreased, cancelled/terminated or capitalised (e.g a lump sum). Spousal maintenance automatically comes to an end if the person receiving maintenance remarries or either party dies. If the person paying the spousal maintenance dies and they have not made adequate financial provision in their will for the person receiving maintenance, then the person receiving maintenance can make a claim against the estate according to the Inheritance Provision for Family and Dependants Act 1986.

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