How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Peter Collins Your Own Question
Peter Collins
Peter Collins,
Category: Australia Law
Satisfied Customers: 6377
Experience:  Barrister at Self Employed
Type Your Australia Law Question Here...
Peter Collins is online now

I am divorced and have a consent order - this is from 2017,

This answer was rated:

hi I am divorced and have a consent order - this is from 2017
JA: What steps have you taken? Have you filed any papers in family court?
Customer: it states my husband will pay me 400 a month in respect of our two sons - 13y and 15y until they are 18 or finished in full time ed he wrote to me saying he is reducing the payment to 160 per month - can he do this?
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: bury st edmunds
JA: Anything else you want the Lawyer to know before I connect you?
Customer: im not sure -
Customer: replied 7 months ago.
I have the consent order already and he has been paying 400 a month - he wrote saying he wants to cut the payment to 160 as his income is reducing -m can he do this legally?

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm reviewing your question and will revert back to you shortly.

Customer: replied 7 months ago.
thank you Peter. I am available now until 1pm then back again at 3pm.
Customer: replied 7 months ago.
I cannot do a live phone call as I do not have the privacy - sorry

Can you just confirm for me - has he had a drop in income?

The situation is, I'm afraid, that after the order is more than a year old, he can apply to the chid maintenance service for the amount to be reassessed, and if he has had an income drop then this may indeed be the outcome of their assessment, as maintenance is based on a percentage of the paying parent's income.

Customer: replied 7 months ago.
I think he is having a drop in his income.

OK. Then I'm afraid it really isn't great news. If his income has dropped he's entitled to ask for the maintenance amounts to be recalculated. I appreciate that you perhaps didn't want to hear this, but I do have an obligation to be honest about the law here.

Can I clarify anything further?

Customer: replied 7 months ago.
Ok, thank you
It is bad news for me
Thank you for your help

My pleasure and I'm sorry it wasn't great news.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,


Peter Collins and other Australia Law Specialists are ready to help you