JEL v MSD [2004] JRC 164 (14 September 2004)

JEL v MSD [2004] JRC 164 (14 September 2004)

Co-habitation by the Wife with R constitutes a material change of circumstances, but the effect on child maintenance is minimal as the children remain the responsibility of the parents. The agreed maintenance figure should be varied only to the extent fair and reasonable, resulting in a modest reduction.

Citation
[2004] JRC 164
Parties
Respondent: Husband; Petitioner: Wife
Jurisdiction
Jersey
Judgment Date
14 September 2004
Procedural Posture
Variation of Child Maintenance / Post Divorce Application for Variation
Outcome
Application for variation granted in part; child maintenance reduced.
Legal Topics
Child Maintenance, Variation of Maintenance, Co Habitation, Material Change of Circumstances
Family Law Child Maintenance Variation of Maintenance Co Habitation Material Change of Circumstances

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Parties

Husband

Respondent

Wife

Petitioner

Procedural Posture

Variation of Child Maintenance / Post Divorce Application for Variation

Legal Issues

  1. 1 Whether co-habitation by the Wife constitutes a material change of circumstances justifying variation of child maintenance
  2. 2 Appropriate level of child maintenance in light of changed circumstances

Ratio Decidendi

Co-habitation by the Wife with R constitutes a material change of circumstances, but the effect on child maintenance is minimal as the children remain the responsibility of the parents. The agreed maintenance figure should be varied only to the extent fair and reasonable, resulting in a modest reduction.

Court Disposition

Application for variation granted in part; child maintenance reduced.

Orders

  • Child maintenance set at £475 per child per month, subject to cost of living increases from March 2005.
  • School fees remain payable as per Agreement.