X v Y (maintenance arrears - cohabitation)

This judgment is being distributed on the strict understanding that in any report no person other than the advocates (and other persons identified by name in the judgment itself) may be identified by name or location and that in particular the anonymity of the children and the adult members of their family must be strictly preserved.

The names of counsel are omitted in order to protect the identity of the parties.

X appeals against an order made by the Leicester Family Proceedings Court (�the FPC�) on 3 rd October 2011 by which he was ordered to pay to his former wife, Y, arrears of periodical payments of �4,550 together with costs of �1,800 at the rate of �1,600 per month commencing on 20 th October 2011. Although they were divorced in 2007, it is convenient to refer to the parties as �the husband� and �the wife� respectively.

The parties were married in July 1994. They separated in May 2006. They have two children, R aged 11 and T aged 9.

In 2006 the wife began divorce proceedings. Decree nisi was pronounced in October 2006 and was made absolute in June 2007.