01 May 2020
If you are paying maintenance:
If you are earning less money during the crisis or have lost your job, it may be possible to ask the Court for a variation on payments under a maintenance order where there has been a material change in circumstances. Going back to Court can be a costly procedure and the best starting point would be to see if you can reach agreement between the two of you, while exploring other sources of income and benefits.
It is worth appreciating that a fall in income may not justify a change in arrangements, as maintenance is needs-based and the needs of both parties and any dependent children will be evaluated.
If you are receiving maintenance:
If you are the one receiving maintenance payments and you lose other sources of income during the current crisis, such as your job, then you can ask for a variation due to changed circumstances but the court will first expect you to take reasonable steps to secure other sources of income, such as applying for assistance under relevant Government coronavirus schemes.
If it is likely to be just a temporary situation, then have a conversation with your former partner and see if an agreement can be reached, which should be recorded in writing.
Do take advice, whether you are paying or receiving maintenance payments and try to avoid getting into a situation where you are in breach of a Court Order without having tried to resolve the problem.
If you would like more information about maintenance agreements please call our Bournemouth office to get in touch with one of our trusted and experienced family solicitors.
Please note, this is not legal advice. It is intended to provide information of general interest about current legal issues.
