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Is maintenance actually enforceable if ex now lives in New Zealand?

(6 Posts)
Flybe757 Tue 10-May-16 18:59:15

I need to think through the division of assets on divorce. Spouse of 18 yrs has gone to live in NZ - depressed and ran away., we are in the process of divorce. I am 56, have Chronic Fatigue syndrome and haven't worked in more than a decade and my chances of earning are slim to none. I will need all the pension I built up before the CFS and before the marriage (no pension conts made during marriage) just to live a basic life and wont get the State pension now until age 66. That means i have a 9 year income gap and am terrified that even if i get a maintenance order it wont be enforced. Anyone have any experience or thoughts? Thanks in advance...

concertplayer Thu 12-May-16 09:36:44

I am 90% sure the CSA cannot enforce maintenance in NZ as it is out of their
jurisdiction so you will need to make a private arrangement with him
There is, of course,nothing stopping dear ex giving offspring money directly.
Is he likely to do this?
Pension -as you are over 54 you may withdraw 25% of the total amount from your
pension pot tax free However, I would be careful about doing this as there may be
a shortfall in your pension later.
Did your ex have a pension? Anyway you/your solicitor could negotiate with him
re this

Collaborate Thu 12-May-16 11:19:59

OP - you don't mention whether there are children, so mention above of the CSA/CMS is premature.

FYI, CSA/CMS don't have jurisdiction to carry out an assessment where the other parent lives abroad save in very narrow circumstances.

You would seek both child and spouse maintenance orders through the court within divorce. They can then be enforced abroad if necessary.

See this:, which deals with enforcement of child maintenance orders abroad.

There is also a mechanism for enforcing spouse maintenance, but I don't have the link to hand.

Flybe757 Wed 18-May-16 17:58:04

Thanks for your replies. Kids are all grown up, as I said I'm 56 smile Everything is taking forever for him to reply to and if this goes on I might be 60 before the divorce/finances are finished.....!

babybarrister Thu 19-May-16 07:55:11

Message withdrawn at poster's request.

Flybe757 Sat 23-Jul-16 17:32:43

Sorry to reply so late, desperately mitigating circumstances I wont go into now.
Yes BabyBarrister he will in all likelihood be self employed.
He served the papers months ago on the most spurious of grounds which i refuted.I asked him to amend to 2 years separation and have yet to hear 2 months after the request and a week after the date the 2yrs fell on what on earth is happening. The stress is doing me in. How can it be possible for him to so utterly control the process and its progress or lack of?

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