SCHEDULES
SCHEDULE 5F1Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973
Part 11Variation, discharge etc. of certain orders for financial relief
Power to direct when variation etc. is to take effect
61
1
If the court, in exercise of its powers under this Part, decides—
a
to vary, or
b
to discharge,
a periodical payments or secured periodical payments order, it may direct that the variation or discharge is not to take effect until the end of such period as may be specified in the order.
2
Sub-paragraph (1) is subject to paragraph 47(1) and (6).
62
C11
If—
a
a periodical payments or secured periodical payments order in favour of more than one child (“the order”) is in force,
b
the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them,
c
a maintenance calculation (“the calculation”) is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made, and
d
an application is made, before the end of the period of 6 months beginning with the date on which the calculation was made, for the variation or discharge of the order,
the court may, in exercise of its powers under this Part to vary or discharge the order, direct that the variation or discharge is to take effect from the date on which the calculation took effect or any later date.
C12
If—
a
an order (“the child order”) of a kind prescribed for the purposes of section 10(1) of the Child Support Act 1991 (c. 48) is affected by a maintenance calculation,
b
on the date on which the child order became so affected there was in force a periodical payments or secured periodical payments order (“the civil partner’s order”) in favour of a civil partner having the care of the child in whose favour the child order was made, and
c
an application is made, before the end of the period of 6 months beginning with the date on which the maintenance calculation was made, for the civil partner’s order to be varied or discharged,
the court may, in exercise of its powers under this Part to vary or discharge the civil partner’s order, direct that the variation or discharge is to take effect from the date on which the child order became so affected or any later date.
C13
For the purposes of sub-paragraph (2), an order is affected if it ceases to have effect or is modified by or under section 10 of the 1991 Act.
C14
Sub-paragraphs (1) and (2) do not affect any other power of the court to direct that the variation of discharge of an order under this Part is to take effect from a date earlier than that on which the order for variation or discharge was made.
C15
In this paragraph “maintenance calculation” has the same meaning as it has in the 1991 Act by virtue of section 54 of the 1991 Act as read with any regulations in force under that section.
Sch. 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)