My circumstances have changed; can I change the original order?

Over time your circumstances may change: you may need more maintenance money to cover any additional costs that arise, or you may decide that you do not need as much as is being currently paid.

Varying the amount paid

If you wish to change the amount you are being paid or are paying in maintenance then you need to fill in, and return to court, one of the two following options:

• For matters before the High Court (prefixed with DIV or FAM) use form FB2 (Word doc; PDF)
• For matters in the Summary Courts (prefixed with HB) use form FPC2 (Word; PDF)

The circumstances when this may be necessary include;

• loss of your job;
• you now have a better paid job;
• you have a long term illness that is preventing you from working;
• you have remarried, or are now co-habiting with another partner;
• the child's educational needs have changed; or
• the parent looking after the child has changed or the child has been taken into care.

If the respondent’s circumstances have changed, you can also apply for a variation of the original order. The circumstances where this might be necessary may include;

• the respondent got a new, better paid job;
• the respondent has re-married or is co-habiting with another person and their financial burden has reduced;
• the respondent has sold the former matrimonial home;
• the respondent has come into a large sum of money (e.g. an inheritance); or
• you have found out about some undeclared income the respondent has been enjoying.

If you wish to vary the amount you are being paid, you will need to submit an affidavit in support of your reason for the variation of the maintenance containing evidence of the changed circumstances. Remember it is up to you to send a copy of any application for variation of maintenance to the respondent as well as the court