Original order made in 2005 in favour of woman and couple’s then dependent children
The man applied on a number of occasions to vary the maintenance order, including most recently to reduce the sum to zero. Photograph: Bryan O'Brien
An order for periodic maintenance was made in 2005 in favour of the woman and the couple’s then dependent children in the context of divorce ancillary relief orders. That involved considering if there was any real change in the circumstances of the parties and any new evidence to support a variation or discharge. The judge was required to have regard to matters in the Act, including to ensure proper provision is secured, in deciding if variation or discharge should take place.
Both children have third level qualifications, one is married and living elsewhere while the other lives with the mother while continuing with studies and makes minimal contribution to the household expenses, the judge noted. The judge was satisfied there was changed circumstances to justify a review of maintenance. It was “concerning and sad”, she observed, that, after such a long period of separation, there remained acrimony between the parties, which must be most difficult for the children, and she encouraged the parents to attempt a “more respectful” relationship,
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