AT v NB (Maintenance Pending Suit) [2025] EWFC 248 (B) (04 August 2025)

AT v NB (Maintenance Pending Suit) [2025] EWFC 248 (B) (04 August 2025)

The court determined the wife's immediate income needs at £6,571 per month (excluding housing costs met by the husband), with her current net income assessed at £4,862 per month, resulting in a shortfall of £1,700 per month. The husband was found able to afford this sum in addition to the ongoing payment of mortgage, water, and insurance bills. The court declined to order backdating due to lack of available capital. The global maintenance figure is to be reduced by any CMS payments on a pound-for-pound basis.

Citation
[2025] EWFC 248 (B)
Parties
Applicant: AT; Respondent: NB
Jurisdiction
England and Wales
Judgment Date
04 August 2025
Procedural Posture
Family Law Maintenance Pending Suit / Interim Application Rehearing
Outcome
Application granted in part
Legal Topics
Maintenance Pending Suit, Interim Maintenance, Financial Remedies, Spousal Maintenance, Child Maintenance
Family Law Maintenance Pending Suit Interim Maintenance Financial Remedies Spousal Maintenance Child Maintenance

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Parties

AT

Applicant

NB

Respondent

Procedural Posture

Family Law Maintenance Pending Suit / Interim Application Rehearing

Legal Issues

  1. 1 What is the appropriate amount of interim maintenance pending suit for the applicant wife?
  2. 2 Should interim maintenance be backdated?
  3. 3 What are the immediate income needs of the applicant and can the respondent afford to meet them?

Ratio Decidendi

The court determined the wife's immediate income needs at £6,571 per month (excluding housing costs met by the husband), with her current net income assessed at £4,862 per month, resulting in a shortfall of £1,700 per month. The husband was found able to afford this sum in addition to the ongoing payment of mortgage, water, and insurance bills. The court declined to order backdating due to lack of available capital. The global maintenance figure is to be reduced by any CMS payments on a pound-for-pound basis.

Court Disposition

Application granted in part

Orders

  • The respondent husband shall pay to the applicant wife the sum of £1,700 per month as global maintenance for herself and D, in addition to continuing to pay the mortgage, water, and insurance bills on the family home.
  • Any CMS payments shall be deducted from the global maintenance figure on a pound-for-pound basis.