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Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
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FINANCIAL REMEDIES: X v Y (Maintenance Arrears: Cohabitation) and X v Y (Repayment of Overpaid Maintenance)
Date:30 MAR 2012

(County Court; HHJ Clifford Bellamy; 13 & 22 February 2012)

A 12-year marriage with 2 children aged 9 and 11. Periodical payments order for £1000 pm for the wife and £500 pm per each child, spousal support to cease upon cohabitation or remarriage. Husband found out the wife was cohabiting and stopped making payments. Wife sought enforcement of arrears. The Family Proceedings Court found the wife and her new partner's financial lives to be quite separation and ordered enforcement. The husband appealed.

Appeal allowed. The husband tracked the mother's new partner's car. Finding the wife had been cohabiting and refusing the enforcement application. Second judgment to determine repayment of overpaid maintenance. Factors for and against repayment evenly balanced. Wife ordered to repay £2000. Ordered a detailed costs assessment. Refused permission to appeal.