Can the Maintenance Order be revised?
- Any party can apply to the Family Justice Court to have the Maintenance Order rescinded (i.e. withdrawn or cancelled) or revised (i.e. revised or amended) if you can prove that there has been a material change in the circumstances of that party
- For example, the Wife can apply for the maintenance amount to increase if the material change in her circumstances are such that she now requires a more significant 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 can apply for the maintenance amount to decrease 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 Family Justice Court can also consider any change in the general cost of living
- The effect of a rescission of the Maintenance Order is that the Husband or Father will subsequently not be required to continue to pay Maintenance under the terms of the order
- The effect of a variation of the Maintenance Order is that the Husband or Father will subsequently be required to pay a lower or more significant amount of Maintenance
