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How do I get a court order to extend a spousal maintenance order?

9 replies

makemineapinot · 30/03/2011 09:33

very long story which I will try to keep brief! I ahve a consent order from June 2009 which allows for the provision of £250 per month spousal maintenance for 2 yeasr with the option to extend - the order does state that
"payments will end on the first to occur of:
my marriage
death
on the 2nd anniversary of the making of this order after which the respondent (me) will not be entitled to make any further application for periodical apyments or secured periodical payments in realtion to the marraige however the respondent may apply before then for an order to extend this deadline."

We are currently goign through court for arrears and his refusal to pay maintenance (he's now gone to the CSA and messing me about through them) and spousal maintenance and we have a 4 hour hearing to finalise everythign in June - the Judge told me 3 weeks ago at the previous hearing that he urged me to extend the deadline for my spousal maintenence but didn't tell me how to do it!! I phoned the court and the admin person told me it might be a form A but as it costs £250 to fill out (I am still out of pocket for several attachment of earnings sapplications at £100 which have worked for a shrot time only) I am loath to pay this money (am a student) if it's the wrong form!! Thank you so much if you can help me!!

OP posts:
AdamJSusan · 30/03/2011 10:28

Why do you want the payment extended? He should pay for children, but why should he pay for you?

Collaborate · 30/03/2011 10:33

That wasn't what the OP was asking.
Don't be so bolshie for God's sake.

It is an application on form A that you'll need I'm afraid. Procedural Guide no 18 in the Family court Practice.

The rules change on 6 April. I haven't gone through a copy of the new ones, but they won't I suspect be much different.

I think fees are about to go up too, so get in there quick.

mumblechum1 · 30/03/2011 10:37

If you can't afford the fee you should get EX180 (I think that's what it's called), exemption from fees form. You can download it from the court website.

Collaboration, I haven't read the new rules yet either - went on the Jordans family course yesterday and virtually no one has gone over them yet. Steep learning curve next week I think!

JeffTracy · 30/03/2011 10:38

Also... the courts are usually very helpful as long as you don't ask them for legal advice. You should call them and ask what form/application is required if you have any doubts. I always found them to be friendly and happy to answer quite complex questions (well complex for me anyway!).

makemineapinot · 30/03/2011 10:57

Thank you - I'll download Form A tonight and try to claim for exemptions! tahnks for your help. Hopefully there might soon be light at the end of ths tunnel!
AdamJSusan - it's none of your business, a judge has advised me to do it and for reasons that I'm not going into here I am following his advice. He owes me and his children so much more than I'll ever get from SM!!

OP posts:
makemineapinot · 30/03/2011 12:02

can't find Form A - is this it here ? Thanks!!!!

OP posts:
mumblechum1 · 30/03/2011 12:10

That isn't form A, but actually looks like the right one. As JT suggests, just check with the court before you part with any fees.

mumblechum1 · 30/03/2011 12:11

Actually, no, that form may be the one you use to extend injunctions as I've just noticed it's for the Family Law Act.

Deffo check with court staff.

makemineapinot · 30/03/2011 12:11

got it!! very helpful lady at court!! She told me the fees aren't going up but the whole new system is designed to be simpler!! We shall see.... Thank you all again!

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