29 Jan 2007
Y v. Y
- Citation
- Y v. Y
- Court
- Family Court
- Case number
- FCMC3654/1994
The court accepted the payer's credible evidence of a material change in financial circumstances (business loss, cessation of salary, reduced income from rental), rejected the estoppel argument because past increases were ad hoc and not demonstrably based on the consent order index clause, and therefore lawfully varied the maintenance downward. Future adjustments were ordered to be linked to the UK consumer price index and payments structured through bank transfer with remittance fees borne by the payer; costs were awarded to the payer and the order nisi to be made final after 21 days.