Domestic Proceedings and Magistrates’ Courts Act 1978

5 Age limit on making orders for financial provision for children and duration of such orders. E+W

(1) Subject to subsection (3) below, no order shall be made under section 2(1)(c) or (d) of this Act in favour of a child who has attained the age of eighteen.

(2) The term to be specified in an order made under section 2(1)(c) of this Act in favour of a child may begin with the date of the making of an application for the order in question or any later date [F1 or a date ascertained in accordance with subsection (5) or (6) below] but—

(a) shall not in the first instance extend beyond the date of the birthday of the child next following his attaining the upper limit of the compulsory school age [F2 (construed in accordance with section 8 of the Education Act 1996)][F3 unless the court considers that in the circumstances of the case the welfare of the child requires that it should extend to a later date]; and

(b) shall not in any event, subject to subsection (3) below, extend beyond the date of the child’s eighteenth birthday.

(3) The court—

(a) may make an order under section 2(1)(c) or (d) of this Act in favour of a child who has attained the age of eighteen, and

(b) may include in an order made under section 2(1)(c) of this Act in relation to a child who has not attained that age a provision for extending beyond the date when the child will attain that age the term for which by virtue of the order any payments are to be made to or for the benefit of that child,

if it appears to the court—

(i) that the child is, or will be, or if such an order or provision were made would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment; or

(ii) that there are special circumstances which justify the making of the order or provision.

(4) Any order made under section 2(1)(c) of this Act in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.

[F4 (5) Where—

(a) a [F5 maintenance assessment][F5 maintenance calculation] (“the [F6 current assessment][F6 current calculation]”) is in force with respect to a child; and

(b) an application is made for an order under section 2(1)(c) of this Act—

(i) in accordance with section 8 of the Child Support Act 1991 F7 ; and

(ii) before the end of the period of 6 months beginning with the making of the [F8 current assessment][F8 current calculation],

the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date.

(6) For the purposes of subsection (5) above, “the earliest permitted date ” is whichever is the later of—

(a) the date 6 months before the application is made; or

(b) the date on which the [F9 current assessment][F9 current calculation] took effect or, where successive maintenance assessments have been continuously in force with respect to a child, on which the first of [F10 those assessments][F10 those calculations] took effect.

(7) Where—

(a) a [F11 maintenance assessment][F11 maintenance calculation] ceases to have effect [F12 or is cancelled] by or under any provision of the Child Support Act 1991; and

(b) an application is made, before the end of the period of 6 months beginning with the relevant date, for an order under section 2(1)(c) of this Act in relation to a child with respect to whom that [F11 maintenance assessment][F11 maintenance calculation] was in force immediately before it ceased to have effect [F12 or was cancelled],

the term to be specified in any such order, or in any interim order under section 19 of this Act, made on that application, may begin with the date on which that [F11 maintenance assessment][F11 maintenance calculation] ceased to have effect [F12 or, as the case may be, the date with effect from which it was cancelled], or any later date.

(8) In subsection (7)(b) above—

(a) where the [F13 maintenance assessment][F13 maintenance calculation] ceased to have effect, the relevant date is the date on which it so ceased; [F14 and

(b) where the maintenance assessment was cancelled, the relevant date is the later of—

(i) the date on which the person who cancelled it did so, and

(ii) the date from which the cancellation first had effect.]]

Textual Amendments

F1 Words in s. 5(2) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 4 (the second paragraph so numbered).

F2 Words in s. 5(2)(a) substituted (1.9.1997) by 1996 c. 56, s. 582(1)(4), Sch. 37 Pt. II para. 138 (with ss. 1(4), 561, 562, Schs. 39, 40 para. 1); S.I. 1997/1623, art. 2(2)

F3 Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 9(2), 47, 48(2)

F4 S. 5(5)-(8) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch.1 para. 5.

F5 Words in s. 5(5)(a) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(2)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F6 Words in s. 5(5)(a) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(2)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F7 1991 c.48.

F8 Words in s. 5(5)(b)(ii) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(2)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F9 Words in s. 5(6)(b) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(2)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F10 Words in s. 5(6)(b) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(2)(c) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F11 Words in s. 5(7) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(2)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F12 Words in s. 5(7) repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F13 Words in s. 5(8)(a) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(2)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F14 S. 5(8)(b) and preceding word repealed (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(e)(2), Sch. 9 Pt. I (with s. 83(6)); S.I. 2003/192, art. 3, Sch.