It is a harsh reality of the current pandemic that many households have seen a significant drop in their income, and many families are facing significant uncertainty about when, and if, their previous level of income will return.
But what if there is a court order in place for maintenance to be paid? Many court orders for maintenance for an ex spouse may date back several years and will have been based on projected incomes.
No court order could have anticipated the current pandemic and the economic effect of it.
That will be the case even in relation to orders made as recently as January or February this year.
But we are now experiencing an extraordinary event. People who have been ordered to pay spousal maintenance may no longer be able to afford it.
Read more on divorce settlements at https://www.sinclairlaw.co.uk/divorce-settlements/
Recipients of maintenance may be in a position that if maintenance were reduced they would no longer be able to make ends meet.
At Sinclair Law we can help you. Section 31 of the Matrimonial Causes Act 1973 allows a maintenance order to be changed.
We can advise you on various options to help you through these difficult times and how best to approach this issue for the benefit of all concerned, whether that be an application to the court, a temporary suspension in maintenance, or a reduction or even an increase whilst the pandemic continues.