Introduction to variation of child financial provision
In the event of parties separating and leaving the majority of the responsibility of childcare with one parent, the other parent is required to make regular financial provision towards the maintenance of the children. As we have set out in our guide to child financial provision it is possible for the resident parent to apply for an additional amount over and above the amount as assessed by the Child Support Agency or Child Maintenance Service where the non-resident parent is a high earner. Additional amounts of child maintenance can also be agreed as part of the financial arrangements upon divorce or civil partnership dissolution. However, where the non-resident parent’s financial circumstances change, or the needs of the children significantly increase following the grant of an order, it is possible for either party to apply for an upward or downward variation of child maintenance through the courts. For more details please see our guide to variation of child financial provision.
How Vardags can help with the variation of child financial provision
We are often approached by clients, finding themselves in a very different financial position, months or years after they agreed, or were ordered to make financial provision for their children. This can be for a number of reasons such as a change in employment prospects or under-performing investments. In these circumstances we draw on our broad ranging expertise in negotiating financial settlements to seek to agree the necessary changes with the other party’s solicitors so that an amended order can be filed by consent. Where this is not possible, or it is clear that an agreement is unlikely to be reached, we will urgently proceed with an application to the court for its permission to make the necessary changes to the order in light of the parties changing circumstances and strains on their financial resources. Equally, where an application for variation of child maintenance is made and the resident parent believes that a downward variation would not be justified or necessary, we have a bank of experience in upholding the existing arrangements to ensure that the appropriate level of financial provision for children is maintained. Where the receiving parent’s financial position has deteriorated or the child’s needs have increased and/or the paying party’s has improved, it is also possible to apply to increase the payments.
The first step is to arrange a meeting with one of our solicitors. Therefore, please call us on 020 7404 9390 or email us to make an appointment to come and see us.