New Facts And Changes in Circumstances

Is it possible to ask the court to change the maintenance sum set because of the discovery of new facts? 

Yes, both the person receiving maintenance and the heirs are entitled to ask the court to change the amount set because of new facts that have come to light.

What can the person awarded maintenance ask for in the light of new facts?

 

Any increase in maintenance set .

 

What can the heirs ask the court for in the light of new facts?

 

The heirs can ask the court to reduce the amount of maintenance paid periodically, or to cancel or return a lump sum set.

 

Can anyone else ask for changes to the maintenance?

 

No – only the person entitled to it, or the heirs.

What are the conditions for applying to court for a change in the maintenance?

 

That facts which existed at the time the court set the maintenance have only just been discovered.

 

What type of maintenance can be altered if new facts are discovered?

 

Both periodic payments and lump sums.

 

Can maintenance from the estate be altered if there has been a change in circumstances?

 

Yes, if the circumstances have changed since the time the maintenance was set.

What kind of maintenance payments can be altered because of changed circumstances?

 

Just periodic payments.

What kind of maintenance payments can be altered because of changed circumstances?

 

Just periodic payments.

 

What can the heirs ask the court to do if the circumstances have changed since the maintenance was set?

 

They can ask the court to stop the payments completely, or to reduce the amount paid each time.

Can the application to change the maintenance be made immediately after the circumstances change?

 

No! The person receiving maintenance or the heirs must wait one year from the time the previous decision was made by court before applying for the change.

Can the court not consider the change of circumstances?

 

Yes – if the person receiving maintenance applies for an increase based on changed circumstances, and the court considers that he/she could have foreseen these at the time of the original hearing, it can choose not to consider them, and not to alter the amount set.

What will an heir pay if the court decides to increase the maintenance set?

 

An amount up to a ceiling equivalent of his inheritance from the estate, and if he used part of what he received in good faith, he will pay only up to the value of what he has left.

What happens if the court decides to reduce the maintenance?

 

The person receiving maintenance can be made to return a lump sum payment he received, only up to the amount he received, but if he used some of what he received in good faith, then only what is left.