Skip to main content

News story

October 11, 2022

Rising living costs can affect your maintenance order

In many cases, the cost of living crisis is likely to affect ongoing maintenance payments. We explore the topic and the solution available.

What is a maintenance order?

The Court can make an order known as a maintenance order whereby one person pays another person periodical payments to support their living costs. Maintenance orders are a legal responsibility usually made following a divorce or separation where the parties are not married but have children. As maintenance orders are Court orders, they must be complied with, and failure to do so could result in penalties against the defaulting party.

The problems

As maintenance orders often cover long periods, they can vary annually to keep pace with inflation, known as index linking. Having a maintenance order which is index-linked usually means that the monthly payments will increase over time in line with inflation. So, when living costs rise, maintenance payments increase so that the receiving party can still pay their outgoings.

Whilst this may be positive for the party receiving the maintenance, you may ask how this will affect the paying party. Many paying parties may find themselves in a situation where living costs have increased, but their wages have not. Despite this, they must pay increased maintenance payments under the court order if it provides for index linking. Increased costs may leave them feeling aggrieved and potentially cause them to fall into financial difficulties.

If the maintenance order is not index-linked, this could cause problems for the receiving party. Maintenance orders are needs-based, i.e., what does the receiving party need to meet their or their children’s outgoings? If living costs increase, it follows that needs will also increase. However, suppose there is no mechanism in the maintenance order for the monthly payments to grow in line with inflation. In that case, the paying party is under no obligation to increase them accordingly. As a result, the receiving party may face financial difficulties in trying to meet the shortfall that will arise from the increased cost of living.

The solution

Luckily, there is a solution to combat rising living costs in both situations. The Court has the power to increase or decrease the payments under a spousal maintenance order. If the circumstances warrant it, the Court can also change the period over which the paying party makes maintenance payments. The Court can also make variations to child maintenance orders during the minority years of the children. Maintenance orders need to be variable as life is unpredictable. It would be unfair for these orders to be rigid and inflexible. Evidence can be put to the Court by either party to support their argument that the maintenance order needs to be varied.

Speak to Pippa Marshall to understand your options and decide whether applying for a variation is your best course of action.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Supporting neurodiverse people in family law matters
    Understanding neurodiversity in the legal context.


    Read more
  • Supreme court ruling on referees’ employment status
    In PGMOL v HMRC, the Supreme Court considered whether professional referees were self-employed. The case has the potential for far-reaching implications across the employment world.


    Read more
  • Business First Magazine
    Read our expert insights on key workplace and corporate issues.


    Read more
  • Why is clear contract drafting important?
    How simple contract clauses can protect your business.


    Read more
  • Ensuring equality: A legal guide to responsibilities and compliance
    Understanding equal opportunities in the workplace


    Read more

What they say...

  • Ian, April 2025
    “Martin and his team at Barker Gillette acted for us in our purchase and sale of property. The chain was lengthy and elements of the work became complex. Martin was tenacious and resolved to answer our queries as they arose. He handled all aspe

  • Henry, April 2025
    “We have purchased flats before with 2 different solicitors who were unable to help us this time. Martin came highly recommended and are we glad. He was very professional in every way: knowledgeable, approachable, he has a friendly manner, very

  • Megan Purcell-Jones, April 2025
    “Charlotte was extremely diligent and thorough. She talked us through the process of making our wills and listened to and understood our needs and the complexities involved. Extremely patient and very clear.”

  • Hena, April 2025
    “Great experience, Patrick was very clear and gave time to explain the legal processes. Friendly and professional communication made me feel comfortable asking questions, received great legal advice.”

  • Michael Constable, April 2025
    “I wanted to revise my will and appoint RIAA Barker Gillette as my Executor and Trustees. This was handled very efficiently and professionally. It helped that I had agreed a fixed fee in advance.” Review left for: Herman Cheung

Read more
Send this to a friend