Children

Children

The court has a variety of powers to make financial provision orders for the benefit of children and young people. The applicable legislative scheme will depend upon whether or not there are or have been matrimonial or civil partnership proceedings between the prospective paying and receiving parties. The extent of the court’s jurisdiction to make any form of periodical payments order will be determined by whether the child or young person falls within the jurisdiction of the Child Maintenance Service (CMS), regardless of whether an application for a maintenance calculation is actually made.

Respective jurisdictions of the CMS and the court

By section 8 of the Child Support Act 1991 (CSA 1991), if a child or young person is eligible for a maintenance calculation to be made in respect of them by the CMS, the court does not have the power to make or vary orders for periodical payments for their benefit except in limited circumstances. This restriction obtains whether or not an application is actually made. Any application of the court’s powers to make or vary periodical payments orders for the benefit of a child or

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