Can the Maintenance Order be revised?

Posted under News Updates on 18 March 2016
  • Any party can apply to the Court to have the Maintenance Order rescinded (i.e. withdrawn / cancelled) or varied (i.e. revised / amended) if the party can prove that there has been a material change in the circumstances of that party
    • For example, the wife may apply for the maintenance amount to be increased if the material change in her circumstances are such that she now requires a greater amount of maintenance (e.g. unable to work due to a medical condition, having to pay for the treatment a child’s medical condition)
    • Likewise, the husband may apply for the maintenance amount to be decreased if the material change in his circumstances are such that he is now unable to pay the same amount of maintenance (e.g. retrenchment, unemployment, unable to work due to a medical condition, having to pay for the treatment of a medical condition)
    • The Court may also consider any change in the general cost of living
  • The effect of a rescission of the Maintenance Order is that the husband / father will subsequently not be required continue to pay maintenance under the terms of the order
  • The effect of a variation of the Maintenance Order is that the husband / father will subsequently be required to pay a lower or greater amount of maintenance

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