3. How can the applicant apply for an interim maintenance order?

3. How can the applicant apply for an interim maintenance order?

A party generally applies by summons supported by an affidavit/affirmation. Because the court adopts a “broad-brush” approach to “hold the ring” pending a final trial, the evidence should be focused and concise rather than forensic. 

This affidavit/affirmation should set out: 

1. The applicant’s income and expenditure; 
2. The respondent’s income and expenditure, so far as they are known; 
3. The child’s details, including age, schooling, living arrangements, and any special needs; 
4. The current care arrangements, including who the child lives with and who pays for the child’s expenses; 
5. A clear, specific interim budget listing monthly recurring living expenses (e.g., food, clothing, education, medical costs).  It is suggest to adopt the table in Part 4 of the Financial Statement (Form E) in setting out the monthly expenses; 
6. The urgency of the application and why interim financial support is needed; 
7. The applicant’s available resources and why they are insufficient to meet the child’s immediate needs; 
8. The respondent’s ability to pay, including known employment, business interests, assets, lifestyle, or regular expenditure; 
9. The amount sought and how it was calculated based on the monthly expenses set out above plus any reasonable one-off payment / reimbursement (for example, agency fee for tenancy agreement); and 
10. All the relevant supporting documents, such as bank statements, payslips, tax documents, school fee invoices, medical bills, and proof of rent or household expenses, should be exhibited in the affidavit/affirmation for the court’s reference. 

The parties must provide full and frank disclosure. If a party’s disclosure is obviously deficient, the court may make robust assumptions against him/her.