The Court of Appeals decision in Mickovski v Liddell [2017] EWCA Civ 251 has highlighted the difficulty in varying maintenance orders (also known as spousal maintenance or periodical payments) .

In this case, the husband had argued that the periodical payments to his ex-wife (these payments are separate and in addition to Child Maintenance) should be varied downward on the basis that his income had significantly reduced and that his former wife’s income had increased since they had entered into the order.

The appeal was refused and the order was also capitalised.  

Mark Vandaele, Family Law Partner, says “this decision shows how important it is to ensure the terms of any periodical payment orders are considered carefully and highlights how difficult it can be to vary such orders. In addition there is a risk in such variation applications that the unsuccessful party may have to pay the other party’s costs as was the case in this decision”

If you wish to discuss your matter with one of our specialist divorce and family lawyers then contact Mark Vandaele at our Wolverhampton office on 01902 796930. We offer a free initial telephone case assessment.

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