Any party can apply to the Court to have the Maintenance Order rescinded (i.e. withdrawn / cancelled) or varied (i.e. revised / amended).
To do so, the party must be able to prove that there has been a material change in the circumstances of that party, such as in the following situations:
A wife may apply for the maintenance amount to be increased if the material change in her circumstances are such that she now requires a greater amount of maintenance (e.g. unable to work due to a medical condition, having to pay for the treatment a child’s medical condition)
A husband may apply for the maintenance amount to be decreased if the material change in his circumstances are such that he is now unable to pay the same amount of maintenance (e.g. retrenchment, unemployment, unable to work due to a medical condition, having to pay for the treatment of a medical condition)
In determining how much the maintenance should be revised, the Court may also consider any change in the general cost of living.
If the Maintenance Order is rescinded (i.e. withdrawn / cancelled), this means that the husband / father will subsequently not be required to continue to pay maintenance under the terms of that Maintenance Order.
If the Maintenance Order is varied (i.e. revised / amended), this means that the husband / father will subsequently be required to pay the varied and updated amount (i.e. an increased or reduced amount of maintenance).
