Departures/Variations

The calculation of maintenance is made in accordance with a formula laid down in legislation.  Hence the amounts calculated, if correct, will remain the amount payable irrespective of how financially difficult the demand may be.

There is however a scheme that allows parents to apply for additional matters to be considered.  The grounds for Departure (applicable for Old Rules/CS1 cases)  or  Variations  (applicable for New Rules/CS2 cases) are limited, and will not always prove to be successful.

If you believe a Departure/Variation will be beneficial to your case, our Departure/Variation support package will provide guidance on what grounds may be successful or not, and will assist with the appropriate application.

If an application has been made against you we can look at the grounds being applied and guide you as necessary to the appropriate responses that will be required.

Grounds for departure/variation include:

Departures:

• LIfestyle being inconsistent with declared income
• Assets capable of producing an income
• Diversion of income
• Excessive housing costs included in the assessment
• NRP partner ability to contribute towards the NRP housing costs
• Excessive travel to work costs included in the assessment/should be disregarded in full
• High contact costs to maintain access to the qualifying children
• Cost of supporting a stepchild (limited circumstances apply)
• Travel to work costs
• Costs of long term illness/disability (for NRP or dependant)
• Debts incurred from the previous relationship
• Pre April 1993 property settlement

• Lifestyle being inconsistent with declared income
• Assets capable of producing an income
• Diversion of income
• Income not taken into account within the formula
• Costs to maintain access to the qualifying children
• Costs of long term illness.disability of relevant child
• Debts incurred from a previous relationship
• Boarding school fees payable for qualifying child (certain elements only)
• Costs from paying a mortgage on the home of the PWC/Qualifying children

Any departure or variation decision can be appealled by either party.   If a departure or variation decision has been made and you do not agree with it, you must exercise your right of appeal.   In that respect, you may need to consider our Appeal package as opposed to the Departure/Variation package.

Departure/Variation support package : £50