In what manner does the court usually set maintenance?

 

In periodic payments.

Can the person awarded maintenance from the estate get it in a lump sum?

 

Yes, the court has discretion to award a lump sum payment or a combined payment of a lump sum and the remainder in periodic payments.

 

Can the court decide who will supply the maintenance awarded from the estate?

 

The court can decide the ways in which the maintenance is to be supplied from the estate, including who will do so.

Can the court decide in whose hands the maintenance is to be passed?

 

Yes! The court can decided to whom the maintenance shall be transferred, so that the person needing it will get it on a regular basis.

What can be done to ensure that the maintenance will be paid?

 

The court has discretion to try and guarantee the payment of maintenance by ordering mechanisms as it sees fit, including , but not limited to deposits, investments, liens , etc .

 

Can the court condition the granting of maintenance from the estate?

 

Yes , if it feels this is justified in the circumstances.

Can a person awarded maintenance from the estate on a periodic basis apply to court for a lump sum instead?

 

Yes , any party can, at any time, ask for a change in the way maintenance is paid and the conditions for paying it, including asking for a lump sum payment, if periodic payments were set by court.