Maitenance variation - what is the process

What is the process of varying a consent order with periodical payments of child maintenance and spousal maintenance?

I am looking to make an application to enforce non payment of maintenance and have been threatened by ex that he will apply to vary if I do, so trying to understand the process...

Hi could any one help with this ?

If the ex is in breach of the order and the maintenance is in arrears you are entitled to enforce. Your ex is entitled to apply to vary and this would normally be done in response to your application to enforce. However, your ex does have to demonstrate that financial circumstances have changed in order to vary the order.

Currently, you are getting no money and the current order continues so you are no worse off by applying to enforce, even if the original order is varied downwards.

Charles

Thanks would he be able to prove his in court when attending the enforcement application. He hasn't lost his job or any thing and I don't believe he cannot pay it.

Would we have to do the whole financial exchange after his application to vary if he makes it? Or would it be automatically downgraded.

'If the ex is in breach of the order and the maintenance is in arrears you are entitled to enforce. Your ex is entitled to apply to vary and this would normally be done in response to your application to enforce.' This is true. However my ex took me back to court to vary a joint lives periodical payment order and he did not have to prove that his circumstances had changed. His solicitor simply said that indeed he could still afford to pay, however they believed that as it was a rarity these days it should also be terminated. The hearing became all about me not maximising my income, at the age of 56 years, having sacrificed my career to stay home and bring the children whist my ex went on to be a high earner.I then had to go on to show and prove in preparation for the FH that I had done my best and it was near on impossible to secure another job ( something which I am struggling with) With all my evidence shortly before we were due in front of the judge my ex agreed to settle and we capitalized the periodical payments. I settled for less that what would be set by the Duxbury Table, but still much more than the termination he was hoping for. This meant I could get rid of the ball and chain that periodical had turned out to be and be free of being financially tied to my ex.

Thanks for the info, It's seems to me that so many people have different experiences and come across different attitudes to periodical payments.

Although I struggle to think how he could vary an order after just a year and a half when I have a 2 year old child.

But I suppose I can make the application and hope for the best got nothing more to lose.

Yes, you are right, but expect for him to apply to vary or terminate in response to your order to enforce. Mine was the same, he applied to vary within the first 12 months, that attempt was thrown out of court.The second or third attempt he got out the big guns, solicitor and barrister.I went to court in total 7 times over a period of about 4 years.Good luck I know how worrying and hard it is.Possibly try to get it capitalised if you think he could find the funds from somewhere, that way you will be free of him.