When you receive your copy of the applicant’s 'Application for Financial Provision for a Child', you do not have to submit an acknowledgment of service to either the court or the applicant.
How much time do I have?
When you receive your copy of the application, it will state the time and date that it has been set down to appear before the High Bailiff. You are required to attend this hearing, bringing the necessary documents with you. Be aware if you intentionally ignore the hearing date, and a subsequent hearing date, the High Bailiff may proceed in making an order without you.
If you decide that the amount being applied for is too much, or you want to defend the application itself, you may decide to dispute it in court.
Will the case go straight to court?
If you decide to defend the application, the matter will be set down for a 15 minute directions hearing.
What will the judge do?
In this directions hearing, the High Bailiff will decide a timetable for the case, as well as instructing both parties as to the documents he wants filing. He will not make a decision yet.
What documents will I have to give the court and respondent?
You will have to supply 2 copies of Form FPC 3 - Statement Of Means (Word doc) (PDF), and a copy of your answer from the application served on you by the applicant. This will include your outgoings such as bills, mortgages, rent, living expenses, travel expenses, school expenses and any other expenses. If you are living with a new partner or spouse, you will have to supply information about their finances as well. If you are disputing the amount being applied for, you will have to prove that you cannot afford it with your other outgoings.
What is 'disclosure'?
Disclosure is where you submit all your documentation to the applicant. You cannot withhold any information from them or the court.
What happens when it goes to court?
When the application goes to court you will be required to go to court to hear the High Bailiff’s decision. For more information see attending the Financial Provision Court.
If you agree to pay the amount the applicant has applied for, you should contact them to inform them. You should then write into the court to inform them that you are prepared to pay the amount claimed and they will pass it to the Deeds Registry to be put on file.
What if I can't pay it straight away?
If you are unable to pay the amount straight away, then the application will probably have to come to court for the High Bailiff to make an order as to how the payments must be made. He may decide to suspend the payments for a short time, or to work out a payment plan which suits both parties. You will need to bring proof of your financial position, such as receipts for bills, mortgages, other debts etc to support your position.
If you agree to pay the amount the applicant has applied for, you should contact them to inform them. You should then write into the court to inform them that you are prepared to pay the amount claimed and they will pass it to the Deeds Registry to be put on file.
What if I can't pay it straight away?
If you are unable to pay the amount straight away, then the application will probably have to come to court for the High Bailiff to make an order as to how the payments must be made. He may decide to suspend the payments for a short time, or to work out a payment plan which suits both parties. You will need to bring proof of your financial position, such as receipts for bills, mortgages, other debts etc to support your position.
If you cannot afford to pay the maintenance instalments for any reason, you must bring this to court, non payment will result in action being taken against you.
Varying the order
Complete the Form FPC 2 - Application For The Variation (or revocation) Of a Financial Provision Order (Word doc) (PDF) and submit it to the court. This will ask the court to vary the original order and reduce the instalments. You will need to submit details about your income and spending. Remember to include the amount you can afford to pay.
Payment options
You may be able to offer an alternative payment option to the applicant if you cannot afford the current payment under the court order. This could include;
- a lump sum being paid to the applicant
- a lump sum and smaller monthly payments
- reduced monthly payments for a certain period of time, with the arrears being made up later.
What will happen if I do nothing?
If you do not pay anything once a court order has been issued, or if you do not keep up with the payments, the applicant can apply to the court to enforce the order.
The court may also apply;
- an attachment of earnings order
- an arrestment order
- a charging order.
If you continue to avoid paying, the maintenance department may issue a warrant against you to force your attendance at a Magistrate’s Court. Be aware that a prison sentence could be imposed on you for continuous non-payment.