7. When can interim maintenance orders be varied?
Under section 11 of the Matrimonial Proceedings and Property Ordinance (Cap. 192), the court may vary an interim maintenance order where there has been a material change in circumstances.
Examples may include:
- material change of a parent’s income or expenses, for example, a significant pay rise due to promotion;
- the child’s expenses increasing with age;
- a change in schooling or medical needs; or
- a material change in the resources available to either party.
While the original order carries weight, the modern approach allows the court to look at the matter afresh rather than merely adjusting the previous amount proportionally based on changes in means.
Even in variation applications, the court avoids detailed, minute investigations of finances, instead adopting a “broad-brush” approach based on the immediate and reasonable requirements of the child. This is because interim maintenance is temporary, any overpayment or underpayment resulting from a variation order can be rectified, credited, or set off during the final ancillary relief trial.
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