Varying A Maintenance Order

If your circumstances have changed to the extent that you can no longer afford your monthly maintenance contributions, or if the maintenance that you are receiving is no longer sufficient, you can apply for a review of the existing maintenance order.

It is not uncommon for financial circumstances to change unexpectedly and the Maintenance Act therefore makes provision for the review and variation of maintenance orders to accommodate these life changes. Maintenance orders can be varied if there is good reason to do so.

The person applying for a variation or discharge of a maintenance order will have to prove good cause. A change in financial circumstances is the most common reason for such an application, but it is not the only reason that will justify a review. Each application will be determined on the facts of the matter.

Remember that bringing an application for the variation of an order does not extinguish existing maintenance obligations or arrear maintenance owing. Your maintenance order remains in force and enforceable until such a time that a Court orders otherwise.

For more information or assistance, contact our Family Law Department on 041 363 6044 or email us at info@kaplans.co.za.