SCHEDULES

SCHEDULE 1 Financial Provision for Children

F2Variation of orders for periodical payments etc. made by magistrates’ courts

Annotations:
Amendments (Textual)

F1C1 6A

1

Subject to F7sub-paragraph (7) , the power of F6the family court—

a

under paragraph 1 or 2 to vary an order for the making of periodical payments, or

b

under paragraph 5(6) to vary an order for the payment of a lump sum by instalments,

shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under F8section 1(4) and (4A) of the Maintenance Enforcement Act 1991 .

F13 2

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F13 3

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F13 4

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F13 5

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6

F11Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 (power of court to order that account be opened) shall apply for the purposes of F12sub-paragraph (1) as it applies for the purposes of that section.

7

Before varying the order by exercising one of its powers under F9section 1(4) and (4A) of the Maintenance Enforcement Act 1991 , the court shall have regard to any representations made by the parties to the application.

F5 8

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9

None of the powers of the court F3 ... , conferred by this paragraph shall be exercisable in relation to an order under this Schedule for the making of periodical payments, or for the payment of a lump sum by instalments, F4 unless at the time when the order was made the person required to make the payments was ordinarily resident in England and Wales.

F10 10

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