What if I cannot pay the amount owed

If you cannot afford to pay the maintenance instalments for any reason, you must bring this to court: non payment will result in action being taken against you.

Can I change the order?

Over time, the circumstances that the original order was made under can change. If you feel that your circumstances have changed to the point where you can no longer pay the maintenance, you should apply to the court to vary the order.

How do I vary the order?

Complete Form FB2 - Notice of Application For Variation Of Order (Word doc) (PDF) and submit it to the court. This will ask the court to vary the original order and reduce the instalments. You will need to submit details about your income and spending. Remember to include the amount you can afford to pay.

What circumstances can lead to a variation of the order?

The following are some examples of where the court may decide that the order should be varied:

• you may have lost your job, or had your salary reduced;
• you have a long term illness that is preventing you from working;
• you have another/new family to provide for in addition to your child maintenance;
• the other parent/guardian of the child has remarried or is co-habiting with another person;
• the other parent/guardian of the child has come into a large sum of money; or
• you are in serious financial debt.

These are just a few examples of a situation that may lead to the court varying an order; you should consult with an advocate with regards to your situation.

How will the judge vary the order?

The judge has full power to vary the order as he/she sees fit. After listening to your case he/she may decide to:

• reduce the monthly payments;
• award a lump sum to the applicant in place of periodical payments;
• award a lump sum and smaller monthly payments;
• suspend the payments for a period of time; or
• he could order that the original order should be revoked and you should be free from paying any maintenance payments.

It is up to you to serve a copy of your application on both the court and the applicant. You should be aware that the judge could decide that you do not have a case for varying the order, and order that the original order should be enforced.

What if I do nothing?

If you do not pay anything once a court order has been issued, or if you do not keep up with the payments, the applicant can apply to the court to enforce the order. The court may also apply;

• an attachment of earnings order;
• an arrestment order; or
• a charging order.

If you continue to avoid paying, the maintenance department may issue a letter of warning, a summons to appear in court or if you continue to avoid payments, a warrant against you to force your attendance at a Magistrate’s Court. Be aware that a prison sentence could be imposed on you for continuous non-payment.