S v T (Matrimonial) (Royal Court : Hearing (Civil) : Daultrey : Matrimonial) [2025] JRC 289 (3 November 2025)

S v T (Matrimonial) (Royal Court : Hearing (Civil) : Daultrey : Matrimonial) [2025] JRC 289 (3 November 2025)

There has been no significant material change in the parties' financial circumstances or the petitioner's earning capacity since the 2019 order. The medical evidence does not support the petitioner's claim that she cannot work due to the children's needs. The original maintenance order remains fair and appropriate. Child maintenance for tertiary education is set at £400 per month per child, payable directly to the adult child, with accommodation costs covered if living away from home.

Citation
[2025] JRC 289
Parties
Petitioner: S (Mother); Respondent: T (Father)
Jurisdiction
Jersey
Judgment Date
03 November 2025
Procedural Posture
Matrimonial (review of Maintenance) / Final Hearing on Application to Vary Spousal and Child Maintenance
Outcome
Application to vary spousal and child maintenance dismissed except as to tertiary education maintenance.
Legal Topics
Spousal Maintenance, Child Maintenance, Variation of Maintenance Orders, Tertiary Education Support, Clean Break, Disability and Earning Capacity
Family Law Spousal Maintenance Child Maintenance Variation of Maintenance Orders Tertiary Education Support Clean Break Disability and Earning Capacity

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Parties

S (Mother)

Petitioner

T (Father)

Respondent

Procedural Posture

Matrimonial (review of Maintenance) / Final Hearing on Application to Vary Spousal and Child Maintenance

Legal Issues

  1. 1 Whether there has been a material change in circumstances justifying variation of spousal maintenance
  2. 2 Whether child maintenance should be increased or extended through tertiary education
  3. 3 Whether the petitioner's earning capacity has changed due to children's needs and neurodiversity diagnoses

Ratio Decidendi

There has been no significant material change in the parties' financial circumstances or the petitioner's earning capacity since the 2019 order. The medical evidence does not support the petitioner's claim that she cannot work due to the children's needs. The original maintenance order remains fair and appropriate. Child maintenance for tertiary education is set at £400 per month per child, payable directly to the adult child, with accommodation costs covered if living away from home.

Court Disposition

Application to vary spousal and child maintenance dismissed except as to tertiary education maintenance.

Orders

  • No change to term or amount of spousal maintenance.
  • No change to term or amount of child maintenance for Child 2.