Any party can apply to the Court to have the Maintenance Order rescinded (i.e. withdrawn / cancelled) or varied (i.e. revised / amended) if the party can prove that there has been a material change in the circumstances of that party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
Jonathan is a family justice lawyer in Singapore. He graduated from the University of Bristol in the United Kingdom in 2002 and was called to the Bar of England and Wales (Gray’s Inn) in 2003.
Jonathan is experienced in handling family and divorce mediation, matrimonial law litigation and also all aspects of trial litigation including conducting negotiations and trials as well as presenting appeals in the High Court and Court of Appeal.