Maintenance and property arrangements

When the financial burden of the payee increases, can the payer be required to increase the maintenance?

You may first seek family mediation services to discuss and agree for varying the maintenance, and to apply to the court for a variation order on the terms of the agreement. If the parties cannot reach an agreement, you may consider filing an application to the court, but the payer must provide sufficient justification. The court will consider granting a variation order having regard to all the circumstances of the case, including any changes in any matter, such as illness, disability, unemployment or increase in living expenses of the child, etc.

To learn more about the legal responsibilities, rights, and resources related to divorce, please click to download the "Booklet on Divorce & Maintenance" at http://mediationcentrehk.org/l/maintenance-booklet-en

Source: Mediation Centre

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