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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Capitalising spousal maintenance

5 replies

Secretsout · 12/11/2021 20:12

Has anyone had any success in managing to get spousal maintenance capitalised and could share their stories and the process they went through?

I'm 3 years into an 11 year order and ex has been nothing but a fuckwit and I've been back to court several times for enforcement due to non payment.

It's now been collected under AofE which I thought would solve the problem but there's been constant late payments from the employer and I now think ex has changed jobs and I'm about to go through another lengthy process to get payments to me.

If CAPS send it back to my local court does the judge have the jurisdiction to grant an order to capitalise the outstanding amount? Or does it have to be agreed by Ex (he won't agree to this as he's a fucking horrible nasty narc)

OP posts:
Secretsout · 16/11/2021 21:46

Bump

Anyone?

OP posts:
blackcurrantjam · 17/11/2021 15:33

We are discussing capitalisation of SM. I have no interest in precisely the predicament you describe. Sorry that sounds insensitive. What I'm saying is I know what these types can be like and their total lack of moral compass is astonishing. I would think you could potentially go back one last time and ask for this to be capitalized if he's dicking you about constantly?

Secretsout · 17/11/2021 23:06

Thank you for the response @blackcurrantjam
It's just so stressful every month wondering if the money will get paid.

I think I'm just trying to understand if the local county court judge can award a capitalisation for the total future amounts or they can only deal with arrears.

OP posts:
Soontobe60 · 17/11/2021 23:25

I can’t imagine you could get the money paid upfront - I assume that there are conditions such as it stops if you cohabit with someone else, and that’s not something that can be accounted for. Or your ex could lose his job, become very unwell or even die.

blackcurrantjam · 19/11/2021 13:47

Capitalisation of SM is a thing. Because a clean break is healthy for both parties. OP you demonstrate this in your description of the shenanigans in your post. They capitalise the amount by multiplying the monthly amount by the number of years it might be reasonable to expect it then awarding you that amount in a lump sum. Avoids precisely the situation you describe. If I were you I would see a lawyer. Good luck.

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