In the matter of M [2011] JRC 057A (16 March 2011)

In the matter of M [2011] JRC 057A (16 March 2011)

There has been a material change in the parties' financial circumstances since the consent order. The husband's current income and debts make the original maintenance unsustainable. The court must balance the needs of the children with the payer's ability to pay, using the Child Support Agency figures as a guide but allowing some uplift for housing and extra expenses. Maintenance is reduced to £933 per month, enforceable by wage arrest, with arrears to be paid after the eldest child ceases to qualify.

Citation
[2011] JRC 057A
Parties
Applicant: [Redacted] (Husband); Respondent: [Redacted] (Wife)
Jurisdiction
Jersey
Judgment Date
16 March 2011
Procedural Posture
Family Law Post Divorce Ancillary Relief / Application to Vary Child Maintenance
Outcome
Application to reduce maintenance allowed in part.
Legal Topics
Child Maintenance, Variation of Consent Order, Enforcement of Maintenance Orders
Family Law Child Maintenance Variation of Consent Order Enforcement of Maintenance Orders

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Parties

[Redacted] (Husband)

Applicant

[Redacted] (Wife)

Respondent

Procedural Posture

Family Law Post Divorce Ancillary Relief / Application to Vary Child Maintenance

Legal Issues

  1. 1 Whether the child maintenance payable by the husband should be reduced from the amount set in the consent order
  2. 2 Whether the changed financial circumstances of the parties justify a downward variation
  3. 3 How to balance the needs of the children and the financial capacity of the payer

Ratio Decidendi

There has been a material change in the parties' financial circumstances since the consent order. The husband's current income and debts make the original maintenance unsustainable. The court must balance the needs of the children with the payer's ability to pay, using the Child Support Agency figures as a guide but allowing some uplift for housing and extra expenses. Maintenance is reduced to £933 per month, enforceable by wage arrest, with arrears to be paid after the eldest child ceases to qualify.

Court Disposition

Application to reduce maintenance allowed in part.

Orders

  • Maintenance reduced to £933 per month effective April 2011.
  • Enforcement by wage arrest authorized under Article 2A of the Maintenance Orders (Enforcement) (Jersey) Law 1999.