E v F (Family) 30-Oct-2019 [2019] JRC 218 (30 October 2019)

E v F (Family) 30-Oct-2019 [2019] JRC 218 (30 October 2019)

Father's financial circumstances have changed but not to the extent claimed. Maintenance is varied to £425 per month from the date of application, arrears up to that date remain payable, and future maintenance is subject to annual RPI review.

Citation
[2019] JRC 218
Parties
Applicant: E; Respondent: F
Jurisdiction
Jersey
Judgment Date
30 October 2019
Procedural Posture
Family / Application to Vary Child Maintenance
Outcome
Application to vary maintenance partially allowed; arrears claim upheld.
Legal Topics
Child Maintenance, Variation of Maintenance, Financial Disclosure, Children (jersey) Law 2002, Maintenance Arrears
Family Law Child Maintenance Variation of Maintenance Financial Disclosure Children (jersey) Law 2002 Maintenance Arrears

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Parties

E

Applicant

F

Respondent

Procedural Posture

Family / Application to Vary Child Maintenance

Legal Issues

  1. 1 Whether maintenance payable by the father should be varied
  2. 2 Whether arrears claimed by the mother should be dismissed
  3. 3 Assessment of father's income and ability to pay

Ratio Decidendi

Father's financial circumstances have changed but not to the extent claimed. Maintenance is varied to £425 per month from the date of application, arrears up to that date remain payable, and future maintenance is subject to annual RPI review.

Court Disposition

Application to vary maintenance partially allowed; arrears claim upheld.

Orders

  • Father to pay £425 per month maintenance from date of application.
  • Father to pay arrears of £9,738.12 at £200 per month, reduced by £1,250 for extra payments made since January 2019.