Maintenance order removal?
My cousin’s ex partner is seeking to stop paying maintenance. He has recently received a promotion in a very well paid role but has also taken on a mortgage, purchased a house and carried out renovations. He is now claiming that maintenance is no longer affordable. The current amount is €30 per week which is relatively low. The child’s mother (cousin) only works part time for personal family health reasons as she’s a carer for her mam.
The child is going into senior infants and expenses have increased significantly compared to when she was in creche, which is when the original order was made.
The court previously ordered just under a 48/52 custody arrangement, with my cousin having the majority of care. It is believed this arrangement was intended to ensure maintenance was paid and not avoided. The ex partner is now arguing that, due to the nearly equal custody arrangement he should no longer be required to pay maintenance.
If this goes back to court, is it likely that the maintenance order would be removed?