B v G

B v G

The husband's obligation to pay periodical payments is reduced to £3,500 per month due to his financial pressure from interest payments, but arrears are not remitted and must be paid in full upon sale of the house; the wife retains entitlement to maintenance given her limited earning capacity and remaining capital.

Parties
Applicant: B; Respondent: G
Jurisdiction
England and Wales
Judgment Date
17 January 2017
Procedural Posture
Variation Application (family Law) / Judgment on Application to Vary Spousal and Child Periodical Payments
Outcome
Application to vary periodical payments partially allowed; maintenance reduced but arrears preserved.
Legal Topics
Variation of Maintenance Orders, Spousal Maintenance, Child Maintenance, Financial Provision on Divorce
Family Law Variation of Maintenance Orders Spousal Maintenance Child Maintenance Financial Provision on Divorce

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Parties

B

Applicant

G

Respondent

Procedural Posture

Variation Application (family Law) / Judgment on Application to Vary Spousal and Child Periodical Payments

Legal Issues

  1. 1 Whether the husband's obligation to pay periodical payments should be varied due to changed financial circumstances
  2. 2 Whether arrears of maintenance should be remitted or enforced
  3. 3 Appropriate balancing of financial positions between parties

Ratio Decidendi

The husband's obligation to pay periodical payments is reduced to £3,500 per month due to his financial pressure from interest payments, but arrears are not remitted and must be paid in full upon sale of the house; the wife retains entitlement to maintenance given her limited earning capacity and remaining capital.

Court Disposition

Application to vary periodical payments partially allowed; maintenance reduced but arrears preserved.

Orders

  • Husband to pay £3,500 per month in periodical payments from 8 February 2017 until completion of sale of the house.
  • All arrears of maintenance to be paid in full to the wife out of net proceeds of sale of the house.