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The Child Support (Northern Ireland) Order 1991

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Agreements about maintenanceN.I.

11.—(1) In this Article “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance to or for the benefit of any child.

(2) Nothing in this Order shall be taken to prevent any person from entering into a maintenance agreement.

(3) [F1Subject to Article 7(10)(a)] the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a maintenance assessment with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.

(4) Where any agreement contains a provision which purports to restrict the right of any person to apply for a maintenance assessment, that provision shall be void.

(5) Where Article 10 would prevent any court from making a maintenance order in relation to a child and an absent parent of his, no court shall exercise any power that it has to vary any agreement so as—

(a)to insert a provision requiring that absent parent to make or secure the making of periodical payments by way of maintenance to or for the benefit of that child; or

(b)to increase the amount payable under such a provision.

[F1(6) In any case in which Article 7(10) prevents the making of an application for a maintenance assessment, and—

[F2(a)no application has been made for a maintenance assessment under Article 9, or

(b)such an application has been made but no maintenance assessment has been made in response to it,]

[F3(a)no parent has been treated under Article 9(3) as having applied for a maintenance calculation with respect to the child; or

(b)a parent has been so treated but no maintenance calculation has been made,]

paragraph (5) shall have effect with the omission of sub-paragraph (b).]

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