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Legal Terms - Failure to maintain
The failure of either spouse or civil partner to provide reasonable maintenance for the other or to make an appropriate contribution to the maintenance of any children of the family during the duration of the marriage or civil partnership. Once such failure is demonstrated, the court may issue orders for secured or unsecured periodical payments, as well as for lump-sum orders. It is no longer necessary to establish wilful neglect of maintenance, which refers to the intentional withholding of maintenance. Application for periodical payments for children can now typically be submitted directly to the Child Maintenance Service under the Child Support Act 1991.
The failure of either spouse or civil partner to provide reasonable maintenance for the other or to make an appropriate contribution to the maintenance of any children of the family during the duration of the marriage or civil partnership. Once such failure is demonstrated, the court may issue orders for secured or unsecured periodical payments, as well as for lump-sum orders. It is no longer necessary to establish wilful neglect of maintenance, which refers to the intentional withholding of maintenance. Application for periodical payments for children can now typically be submitted directly to the Child Maintenance Service under the Child Support Act 1991.
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