Variation of Maintenance

Maintenance orders made after a contested hearing or by agreement between the parties and turned into a financial order of the court are generally open to variation by way of a further order.

Either party may apply to the court, where for example the paying party is no longer able to afford the level of maintenance ordered or there is another material change to one party’s financial position. When applying to vary a maintenance order, either party may ask instead for a lump sum as capitalisation of future maintenance.

Only certain types of financial order can be varied and variation can actually also be sought for certain types of staggered lump sum payments so it’s important to speak to us about your options.

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