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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.

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This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.