Can the person with the joint lives maintenance order make a claim on the pension pots of the person who owes them money, if that person has intentionally diverted funds to them? | LawHive - Solicitors & Lawyers Online
Can the person with the joint lives maintenance order make a claim on the pension pots of the person who owes them money, if that person has intentionally diverted funds to them?
Going to try to keep this question as un convoluted as my ex has made it. I have a joint lives maintenance order against him. He recently tried unsuccessfully to literally stop the order. He now states he is retiring later this year and as I have no pension and no pension sharing option he is insisting he will cease the order then as his pension fund of £270k will not pay out enough upon his early retirement at 62 for him to afford to pay me and our daughter with disabilities. He is insisting I take his zero offer or he will take it to final hearing, self rep and continue to escalate my cost. I have already incurred a huge legal bill and I’m worn out with his toxic coercive controlling behaviour. He has put literally everything in his wife’s name, home, cars, etc. Therefore on paper I look better off than him. He stopped paying the order for 15 months, which we proved he could afford as he was ploughing 2.5k into said pension pots. Therefore I’m wondering if I can now make a claim on his pension pots as he has intentionally diverted funds to them ? I’ve also offered to take a (wp) lump sum settlement upon his retirement but he is adamant he is not paying me or our daughter a penny after he retires. It’s going to cost me another 9k at least to go to final hearing, which I obviously have not got. How on earth can someone simply stop paying a life order and take early retirement to avoid doing so?

Anonymous

4th April 2022

3 upvotes

Top Answer
NQ does he have a basis for early retirement- like health issues that he can’t work? If your daughter is in school age he have to pay maintenance if he have income hitting threshold for it. Definitely you will not be liable for paying legal costs as a whole case should be presented to child maintenance services not court. They have a power to calculate his income. Is he taking a lump sum £270k out? If that is the case they can charge him from this money for the years coming until she finishes education, as far as I am aware. Do not tell him that though cuz he may take money out and hide.

Charles Devine

4th April 2022

NQ - why don’t you self represent and allow it to go all the way to a judge and present all this to them…. That way you will save fees and stand up to him. Surely that’s got to be better than accepting zero.

Clarice Cannon

5th April 2022

1 upvote

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