What if I cannot pay?

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.

Varying the order

Complete the Form FPC 2 - Application For The Variation (or revocation) Of a Financial Provision 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.

Payment options

You may be able to offer an alternative payment option to the applicant if you cannot afford the current payment under the court order. This could include;

• a lump sum being paid to the applicant;
• a lump sum and smaller monthly payments; or
• reduced monthly payments for a certain period of time, with the arrears being made up later.

What will happen 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 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.