Factors affecting maintenance awards and the process

 

Reasons why payments might go up

The Payer’s

     income might have gone up
     expenses might have reduced (for example the end of another obligation such as paying educational costs)
     household may have changed – for example a new relationship might mean that there are more resources for the      household increasing what might be made available in payments

 

The recipient’s

     other income may have gone down
     costs may have increased, for example time has gone by or inflation has eroded the buying power of the original order.

 

Reasons why payments may reduce or even terminate

The Payer’s

     income may have gone down – or might do so
     other expenses may have increased (perhaps a new family to support)

 

The recipient

     Might now have other income or increased income
     Might have other assets for support (eg an inheritance or lottery win)
     Might have increased other costs, for example time has gone by or inflation has eroded the buying power of the original      order.

If the court is asked to terminate an award then it can do so and at the same time award a pension share or a lump sum.  Whenever the court is asked to vary a spousal maintenance order it will assess whether to impose an immediate termination and whether the recipient could adjust to termination at a later date without undue hardship

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Even where the issue of child maintenance remains with the court, the formula of the CMS may have a strong part to play in deciding the future level of payment.