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I can no longer afford to pay the costs of bringing up our children, what should I do?

Whether it is due to a downturn in your business, ill-health or retirement, you might find that the maintenance payments are taking a disproportionate amount of your income. If that is the case, you can ask the court for a downward variation of the child maintenance which you pay.

The court will assess what you can pay and what your ex-partner needs, using that to decide what you should be paying. The court uses expedited proceedings for this, so it is likely to be far less lengthy and costly than other matrimonial proceedings. It may even be possible to agree without going to court.

If you have suffered a dramatic fall in income, it is vital that you seek a new order rather than unilaterally stopping payment. Even where you are unable to pay, the court can look unfavourably on you if you just stop the maintenance. It is far better to contact experienced lawyers like Vardags to help you review your obligations.

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