In the matter of P [2011] JRC 041A (17 February 2011)

In the matter of P [2011] JRC 041A (17 February 2011)

The father's financial circumstances have materially changed since the previous orders, with a significant reduction in income and no evidence of hidden assets or ability to pay at the previous level. The maintenance is therefore reduced to £1,450 per month as from March 2011, reflecting what is fair and reasonable in light of the changed circumstances. Neither party is required to pay arrears or repay overpayments.

Citation
[2011] JRC 041A
Parties
Applicant: Father; Respondent: Mother
Jurisdiction
Jersey
Judgment Date
17 February 2011
Procedural Posture
Application to Vary Child Maintenance / Judgment on Application
Outcome
Application granted in part; child maintenance reduced.
Legal Topics
Child Maintenance, Variation of Maintenance Orders, Financial Provision for Children
Family Law Child Maintenance Variation of Maintenance Orders Financial Provision for Children

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Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Application to Vary Child Maintenance / Judgment on Application

Legal Issues

  1. 1 Whether the father's child maintenance payments should be reduced due to a material change in his financial circumstances
  2. 2 Whether arrears of maintenance should be paid or offset

Ratio Decidendi

The father's financial circumstances have materially changed since the previous orders, with a significant reduction in income and no evidence of hidden assets or ability to pay at the previous level. The maintenance is therefore reduced to £1,450 per month as from March 2011, reflecting what is fair and reasonable in light of the changed circumstances. Neither party is required to pay arrears or repay overpayments.

Court Disposition

Application granted in part; child maintenance reduced.

Orders

  • Child maintenance reduced to £1,450 per month as from March 2011.
  • No order for payment of arrears or repayment of overpayments by either party.