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Hi, thank you for your question. Just a bit more information required to fully assist you:
-What are the terms of the divorce agreement?
-Was the agreement made by consent?
-Was this approved by a court, if so when?
-Is child maintenance made under terms of a formal child maintenance assessment or a voluntary agreement between you?
Thank you. As the settlement was made by consent, the child maintenance agreement in the order can be reviewed after 12 months by either of you applying to the Child Maintenance Service for a reassessment and their calculation will take precedence over whatever agreement you reached regarding child maintenance.
Furthermore, the settlement regarding equity, property or lump sums cannot be varied and will be binding on you.
Therefore, if his income has decreased then he is within his rights to ask for an assessment by the Child Maintenance Service regarding his child maintenance payments - however, until he has done this the agreement that is contained in the order remains standing.
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