Changes In Circumstances Which Make It Impossible To Meet Post-divorce Obligations?
Judgements for provision of maintenance made after July 1980 may be modified downwards by the Supremem court upon application and with proofs that these obligations may no longer be met due to financial hardship. This may also be able to be granted in relation to an agreement which has become part of an order or dissolution judgment. If a order for payment of maintenance was made on or after July 19, 1980 the Supreme Court or the Family Court may modify the amount upwards or downwards if a mutual agreement between parties exists as separate to a divorce judgment. The court will determine the rules of a new agreement which will take the place of the old one. ‘Extreme hardship’ will be the deciding factor in a case where maintenance can no longer be paid or be paid only in a smaller sum than originally stipulated. This, however, is very difficult to prove.
