joint custody/maintenance question

kim

Registered User
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Just wondering, if you lost your job and could no longer pay the court ordered maintenance amount could you request to have joint custody until you can afford to pay again even if your not a joint guardian (parents of children not married)
 
Just wondering, if you lost your job and could no longer pay the court ordered maintenance amount could you request to have joint custody until you can afford to pay again even if your not a joint guardian (parents of children not married)


Yes, you would normally apply for both guardianship and custody at the same application.

Whether it would be granted or not is a different matter- that depends on the best interests of the child.

Alternatively you can apply to vary the maintenance because of a changed circumstance but all three could also be heard together. They are independent applications- maintenance does not depend on custody and vice versa.
 
So you're proposing to have the child live with you because you can't afford maintenance? And then when you start work again the child has to go live with the other parent?

I don't see how that could be in the child's interest at all; personally I think it most unlikely you would succeed in this.

Apply for a variation order on the maintenance due to your changed circumstances.
 
And obviously discuss this matter with your solicitor before doing anything. They should be better placed to advise than anybody here not least of all because they should know much more about the overall case than we do.
 
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