My circumstances have changed for the worse and I think I should be paying less, what can I do?

When you divorce, any maintenance order will be based on what you are earning at the time. For whatever reason, you might not always be earning at that level.

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 your maintenance. The court is obligated to evaluate all aspects of the case and take into account various statutory factors outlined in section 25 (during the initial consideration) and section 31 of the Matrimonial Causes Act 1973 when addressing variations.

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 your original 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.

If you want to reduce the amount you pay, Vardags can help you. Click below for a free initial consultation with one of our expert divorce solicitors.

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