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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can someone confirm under what circumstances a judge can put

Customer Question

Can someone confirm under what circumstances a judge can put into place a Variation Order?
To cut a long story short my ex-wife's solicitor submitted a request for a Financial Order last year but was dismissed by the judge for a number of reasons. Prior to the Financial Order being dismissed there was an FDR during which the amount of £300 per month was floated around as an amount that I would have to pay to my ex-wife, even though I was already paying £295 a month for Child Maintenance via the CSA. Anyway, the ex-wife wasn't happy with the judge dismissing the Financial Order and last week we had to attend another hearing with a different judge. Although the judge initially repeated what was confirmed last year i.e. the Financial Order cannot be enforced by the courts, he then stated that he would look at putting into place a Variation Order and has requested further bank statements etc from both my ex-wife and I. From what I have read a Variation Order can only be looked into by the courts if a Financial Order is already in place. Would appreciate anyone's thoughts on this matter.
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Just a bit more information required. The £300 you refer to - was this in relation to child maintenance or spousal maintenance?
Also, the financial application was dismissed last year - but was a clean break order made?
Customer: replied 2 years ago.
The £300 was neither child maintenance or spousal maintenance. My ex-wife wanted the £300 paid into an a new bank account (for our son) in her fathers name to avoid losing her benefits.No clean break order was made.
Expert:  Harris replied 2 years ago.
So just, a lump sum payment of £300.
Variation orders are only made if there has been a change in circumstances. For example if her income has reduced and she is no longer able to meet her, and the children's needs then the court will vary (or in your case make an order).
Expert:  Harris replied 2 years ago.
Hi, just following up to see if you have any further questions. Please rate positive if you found the information above helpful.