Automatic Changes  Variations include
inflation RPI/CPI

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Court Applications Returning to court to for a new order.

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Types of order Types of order that may be involved

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Relevant factors affecting maintenance awards

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Factors affecting maintenance payments


How much maintenance should I pay?


Reasons why maintenance payments might go up

  • The Payer’s

Income might have gone up.
Expenses might have reduced (for example the end of another obligation such as paying educational costs).
Household arrangements may have changed – for example a new relationship might mean that there are more resources for the household increasing what might be made available in maintenance payments.


The Recipient’s

Other income may have gone down.
Costs may have increased
, for example time has gone by or inflation has eroded the buying power of the original order.


Reasons why maintenance payments may reduce or even terminate

The Payer’s

     Income may have gone down – or might do so.
     Other expenses may have increased (perhaps a new family to support).


The Recipient

     Might now have other income or increased income.
     Might have other assets for support (eg an inheritance or lottery win).
     Might have increased other costs, for example time has gone by or inflation has eroded the buying power of the original      order.

If the court is asked to terminate an award then it can do so and at the same time award a pension share or a lump sum.  Whenever the court is asked to vary maintenance payments to a spouse or a child maintenance it will assess whether to impose an immediate termination and whether the recipient could adjust to termination at a later date without undue hardship.

Even where the issue of child maintenance remains with the court, the formula of the CMS may have a strong part to play in deciding the future level of the child maintenance payment.

For in-depth advice about Varying Maintenance Payments please click here to contact Family Law in Partnership