J -v- M [2008] JRC 185A (28 October 2008)

J -v- M [2008] JRC 185A (28 October 2008)

The court determined that spousal maintenance should be set at £3,000 per month for five years and child maintenance at £1,000 per month, reflecting M's needs and anticipated income. The court found that neither party was wholly successful and that costs should be apportioned, with J ordered to contribute £20,000 towards M's legal costs due to his stronger financial position and the impact on M's limited resources.

Citation
[2008] JRC 185A
Parties
Applicant: J; Respondent: M
Jurisdiction
Jersey
Judgment Date
28 October 2008
Procedural Posture
Maintenance Review and Variation / Post Divorce Review Hearing
Outcome
Maintenance varied; partial costs order against applicant
Legal Topics
Spousal Maintenance, Child Maintenance, Variation of Maintenance, Costs Orders
Family Law Spousal Maintenance Child Maintenance Variation of Maintenance Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

J

Applicant

M

Respondent

Procedural Posture

Maintenance Review and Variation / Post Divorce Review Hearing

Legal Issues

  1. 1 Whether spousal and child maintenance should be varied downward
  2. 2 Whether either party should be penalised in costs

Ratio Decidendi

The court determined that spousal maintenance should be set at £3,000 per month for five years and child maintenance at £1,000 per month, reflecting M's needs and anticipated income. The court found that neither party was wholly successful and that costs should be apportioned, with J ordered to contribute £20,000 towards M's legal costs due to his stronger financial position and the impact on M's limited resources.

Court Disposition

Maintenance varied; partial costs order against applicant

Orders

  • Spousal maintenance set at £3,000 per month for five years
  • Child maintenance set at £1,000 per month until child leaves tertiary education, subject to annual cost of living increases