AB v CD [2022] EWFC 197 (05 January 2022)

AB v CD [2022] EWFC 197 (05 January 2022)

Given XFR's profound and permanent disabilities, her ongoing dependency, and the wife's inability to work due to caring responsibilities, special circumstances exist justifying continued periodical payments beyond age 19. The husband's financial resources, including access to trust assets and critical illness proceeds, allow him to pay £1,150 per month (from 13 December 2021 to 15 July 2022) for XFR's benefit. Dismissal of the joint lives spousal maintenance order is premature and must await further developments in XFR's placement and the wife's employment status.

Citation
[2022] EWFC 197
Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
05 January 2022
Procedural Posture
Family Law Variation of Periodical Payments / Judgment After Contested Hearing on Cross Applications to Vary Periodical Payments
Outcome
Interim order for periodical payments; no dismissal of spousal maintenance at this stage.
Legal Topics
Variation of Periodical Payments, Child Maintenance for Disabled Adult Child, Spousal Maintenance, Special Circumstances Under Matrimonial Causes Act 1973, Schedule 1 Children Act 1989
Family Law Variation of Periodical Payments Child Maintenance for Disabled Adult Child Spousal Maintenance Special Circumstances Under Matrimonial Causes Act 1973 Schedule 1 Children Act 1989

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Family Law Variation of Periodical Payments / Judgment After Contested Hearing on Cross Applications to Vary Periodical Payments

Legal Issues

  1. 1 Quantum and duration of periodical payments for disabled adult child
  2. 2 Whether to dismiss joint lives spousal maintenance order

Ratio Decidendi

Given XFR's profound and permanent disabilities, her ongoing dependency, and the wife's inability to work due to caring responsibilities, special circumstances exist justifying continued periodical payments beyond age 19. The husband's financial resources, including access to trust assets and critical illness proceeds, allow him to pay £1,150 per month (from 13 December 2021 to 15 July 2022) for XFR's benefit. Dismissal of the joint lives spousal maintenance order is premature and must await further developments in XFR's placement and the wife's employment status.

Court Disposition

Interim order for periodical payments; no dismissal of spousal maintenance at this stage.

Orders

  • Husband to pay £1,150 per month (from 13 December 2021 to 15 July 2022), apportioned £1,149 to XFR and £1 to the wife.
  • Case to be reviewed at further hearing on 14-15 July 2022.