Textual Amendments
F1Sch. 5 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 177; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Textual Amendments
F2Word in Sch. 5 Pt. 5 heading substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 16(2); S.I. 2011/664, art. 2(3), Sch. Pt. 2
22(1)This paragraph applies to the exercise by the court in relation to a child of the family of its powers under—E+W
(a)Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(d), (e) or (f)),
(b)Part 2 (property adjustment orders), or
(c)Part 3 (sale of property orders).
(2)The court must in particular have regard to—
(a)the financial needs of the child;
(b)the income, earning capacity (if any), property and other financial resources of the child;
(c)any physical or mental disability of the child;
(d)the way in which the child was being and in which the civil partners expected the child to be educated or trained;
(e)the considerations mentioned in relation to the civil partners in paragraph 21(2)(a), (b), (c) and (e).
(3)In relation to the exercise of any of those powers against a civil partner (“A”) in favour of a child of the family who is not A’s child, the court must also have regard to—
(a)whether A has assumed any responsibility for the child’s maintenance;
(b)if so, the extent to which, and the basis upon which, A assumed such responsibility and the length of time for which A discharged such responsibility;
(c)whether in assuming and discharging such responsibility A did so knowing that the child was not A’s child;
(d)the liability of any other person to maintain the child.