Your guide from XK Family Law Solicitors Aberdeen
When someone applies to the court for aliment (legal financial support), the court has flexible powers to make fair and reasonable Orders. These powers are outlined in the Family Law (Scotland) Act 1985, and help ensure that those who need financial support – get the help they deserve.
📌 What Is an Action for Aliment?
An action for aliment is a court case where one person asks the court to order someone else (usually a former spouse, partner or parent) to provide ongoing financial support.
🏛️ What Powers Does the Court Have?
When deciding whether to grant financial support (aliment), the court can:
💷 1. Order Regular Payments
The court can order the paying party to make regular (periodical) payments:
- For a set period of time,
- Until a specific event happens (e.g. a child turns 18 or finishes school),
- Or for an indefinite period, depending on the situation.
🧾 2. Allow One-Off or Special Payments
The court can also order special payments to cover specific costs, such as:
- ⚰️ Funeral expenses
- 🎓 Education-related costs
- 🛠️ Unexpected or emergency needs
⏳ 3. Backdate the Payments
The court can decide to backdate the start of the payments:
- 📅 To the date the case started, or
- 🕰️ Even before the case started, if there’s a good reason (called “special cause”)
In the case of Hannah V Hannah O.H. 1987 a husband sought to have an award of aliment reduced to nil as he was not working for the relevant period for which the backdated aliment was sought. He had made no attempt to have the award reduced to nil during the relevant period. It was held that any backdating of a reduction of aliment must be on special cause shown. Failure to seek to have the award of aliment varied at the time when the inability to pay arose did not amount to special cause shown. It seems ‘special cause’ requires a party to be unable, or blocked etc from raising an action at the appropriate time.
⚖️ 4. An Award Less Than What Was Asked
Even if the person being asked to pay doesn’t oppose the claim, the court can still decide to award less than the full amount requested if it thinks the amount claimed is too high or not justified. This ensures fairness for both parties.
❌ What the Court Can’t Do
The court cannot replace regular payments with a one-off lump sum. Aliment is meant to be ongoing financial support, not a final settlement.
👨⚖️ Why This Matters
At XK Family Law Solicitors Aberdeen, we help clients:
- Apply for aliment in the Sheriff Court.
- Understand what kind of financial support they may receive.
- Challenge or defend claims where appropriate.
- Request backdated payments where ‘special cause’ can be shown.
We make the process clear, fair, and efficient, helping families across Scotland move forward with confidence.
Ready to Discuss Your Case?
Call XK Family Law Solicitors on:
01224 012 913
Or speak directly to a solicitor on:
07776 886 234
Email: info@xksolicitors.co.uk