Can You Change a Maintenance Order After Divorce?

When can a maintenance order be changed?

The court can change or cancel a maintenance order if there has been a “material change in circumstances”, meaning a real and significant change since the order was made. It can also do so if the order was based on a mistake or a false statement.

For maintenance of a former spouse, this is Section 83 of the Law Reform (Marriage and Divorce) Act 1976. For maintenance of a child, it is Section 96.

Small or short-term changes are unlikely to be enough.

What counts as a material change?

The change must be genuine, significant and likely to last. One slow month in business will not usually qualify. A permanent job loss, a serious illness or a big promotion may.

Examples on each side:

• For the person receiving: higher school or university fees, bigger medical bills, or losing their own income.
• For the person paying: business failure, retrenchment, or a new family with more dependants.

The court wants documents, not just statements. Payslips, tax returns, medical reports and retrenchment letters all help.

How do you apply?

You or your lawyer file an application in the court that made the original order. It must say why the order should change and what new amount you want. File your supporting documents with it.

The other side receives a copy and can reply with their own affidavit (a sworn written statement) and financial evidence. The court then fixes a hearing.

At the hearing, the court looks at both sides’ evidence and decides whether to change the order and by how much.

Can maintenance go up?

Yes. This often happens when the order is several years old and living costs have risen. Children also cost more as they grow, especially at secondary school or university.

The court checks whether the payer can afford more. If the payer now earns much more, the court may raise the amount so it is fair to the person receiving it and to any children.

What if your ex-spouse objects?

They can oppose the application and put in their own evidence. The court weighs both sides before deciding.

If you can agree on a new amount, the court can record it by consent. This is usually quicker and cheaper than a contested hearing.

What to do now

Collect proof of the change: recent payslips, bank statements, tax returns, medical bills and any other document that shows why the current order no longer fits.

A lawyer who handles maintenance variation can tell you whether your change is strong enough to apply.

Looking to engage a divorce lawyer? If you are unsure whether your situation has changed enough to go back to court, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.