A father in a same-sex marriage has been ordered to work more to meet maintenance payments he had agreed to make to his child and former husband. 

Case Background 

The parties married in 2016 and owned three properties. They had one child (K) via surrogacy and separated in 2019. The father moved to China, and they agreed on financial remedies in April 2020. The father stated his net income was £9,866 per month, and a consent order was made in July 2020. Two properties were sold, with proceeds going to the partner. The father retained a London flat and agreed to make periodical payments of £2,900 per month. 

Financial Dispute 

In autumn 2020, the father applied to vary the periodical payments and remit arrears, asking for payments to be halved due to a reduced income caused by working part-time during the pandemic. He claimed his income had fallen to £6,030 per month in May 2020 and to £4,011 by January 2021. From that point, he paid £500 per month. 

The court initially refused the application, finding no change in income and concluding that the father had deliberately misled his partner and the court. However, the father appealed, and the High Court ruled in his favor based on evidence from payslips showing his income had indeed reduced. However, a permanent solution was needed. 

Court’s Decision 

The court ruled that the father should work full-time and rent out his London flat, resulting in an income of £7,500 per month. Maintenance payments were set at £1,650 per month, with arrears and costs to be paid at £1,500 per month.