Can You Change a Child Maintenance Order?

When can you ask for a change?

Under Section 96 of the Law Reform (Marriage and Divorce) Act 1976, the court can change or cancel a child maintenance order if circumstances have materially changed since it was made. It can also do so if the order was based on a mistake of fact or a misrepresentation (a false statement).

A change can go either way. Common reasons to ask for more:

• higher school or university fees
• new medical or therapy needs
• rising costs of activities as the child grows

The paying parent may ask for less after a real loss of income, a serious illness or other genuine hardship. The court checks whether the change is real and lasting.

What does the court look at?

The child’s welfare comes first. The court looks at what the child needs now: school, health, housing, food, clothing and reasonable activities. The lifestyle the child had during the marriage also counts.

It then looks at both parents’ income, assets, debts and expenses. It can look at what a parent is able to earn, not only what they earn now. A parent who chooses to work less may be assessed on what they could earn.

The court also considers who looks after the child day to day. Providing a home and daily care counts as a contribution, not just money.

How do you apply?

You apply to the court that made the original order. You or your lawyer file a summons with an affidavit (a sworn written statement) explaining what has changed and why the current amount no longer fits.

Documents make your case. Useful ones include:

• school fee invoices and medical bills
• payslips and tax returns
• a monthly budget of the child’s expenses

The other parent is served and can reply with their own affidavit. The court then fixes a hearing.

Can you both agree instead?

Yes. Agreeing on a new amount is usually the quickest and cheapest route. The agreed terms are written into a consent order, which both of you sign and file with the court.

It avoids the strain of a contested hearing. If you are close to agreeing, mediation can help settle the last details.

Even if talks fail, the court looks well on parents who tried to settle first.

What happens at the hearing?

Both parents rely on their affidavits and documents. The judge may ask questions about the finances, and each lawyer explains why the amount should or should not change.

The court may grant the change in full, in part, or refuse it. The order states when the new amount starts, which may be backdated to the date you applied.

You can appeal if you disagree, but an appeal takes time and money. Discuss your chances with your lawyer first.

Where to start

List your child’s monthly costs and compare them with the current order. The gap shows whether an application is worth making.

Our guide to varying court orders explains the wider rules. A lawyer can tell you whether to negotiate or apply to court.

Looking to engage a divorce lawyer? If you are unsure whether your change in circumstances is enough, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.