In South Africa, maintenance orders are granted to ensure that an individual who is unable to support themselves financially receives assistance from their former spouse or parent. These orders are granted based on the income and expenses of the parties involved at the time of the order.

A maintenance order may be granted by a court during divorce proceedings or through a separate application to the court. The order may require one party to pay a specific amount of money to the other party on a monthly basis to cover the cost of living, including housing, food, clothing, and other necessary expenses.

However, circumstances change over time, and what was fair and reasonable at the time the order was granted may no longer be appropriate. This is where varying your maintenance order comes into play.

Reasons for Varying a Maintenance Order

There are a variety of reasons why you may want to vary your maintenance order. Some common reasons include:

• A change in the financial circumstances of either party. This could include a significant increase or decrease in income, the loss of a job, or an unexpected expense. For example, if the party receiving maintenance has secured employment or has received a salary increase, they may no longer require the same level of financial assistance as they previously did. Conversely, if the party paying maintenance has experienced a significant reduction in their income, they may struggle to keep up with the payments as previously agreed.
• A change in the needs of the party receiving maintenance. For example, if a child is diagnosed with a medical condition that requires additional financial support. This could also apply if the party receiving maintenance has experienced an unexpected financial burden, such as a natural disaster or an unforeseen health issue.
• A change in the needs of the party paying maintenance. For example, if they are now supporting a new family and can no longer afford to pay the same amount of maintenance. This could also apply if the party paying maintenance has experienced an unexpected financial burden, such as a natural disaster or an unforeseen health issue.

How to Vary Your Maintenance Order

To vary a maintenance order, you will need to apply to the court that granted the order. You will need to provide evidence of the change in circumstances that justifies the variation.

The evidence provided should demonstrate that there has been a substantial and ongoing change in the circumstances of the parties. This may include details of changes in income, expenses, medical needs, or other significant life events that have occurred since the order was initially granted.

The court will consider a variety of factors when deciding whether to grant the variation, including:

• The financial circumstances of both parties. The court will consider the income and expenses of both parties, as well as their ability to support themselves.
• The needs of the party receiving maintenance. The court will consider the reasonable and necessary expenses of the party receiving maintenance, including housing, food, clothing, medical expenses, and other necessary expenses.
• The ability of the party paying maintenance to afford the new amount. The court will consider the income and expenses of the party paying maintenance, as well as their ability to pay the new amount.
• Any other relevant factors, such as the length of the marriage or the age of the parties involved. The court may also consider any other factors that they believe are relevant to the situation.

Once the court has considered all of the relevant factors, they will make a decision on whether to vary the maintenance order or not. If the court grants the variation, a new order will be issued that outlines the new payment amount and any other relevant terms.

Conclusion

Varying a maintenance order can be a complex and emotional process. It is important to seek the advice of an experienced family law attorney who can guide you through the process and help you achieve the best possible outcome.