Q&As

A periodical payments order for the benefit of a child was made in 2003. The order provides for periodical payments until the child attains the age of 18, or ceases tertiary education to first-degree level, whichever is the later or further order. The payer has not complied with the terms of the order. Can the payer vary the order by an application to the Child Maintenance Service?

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Published on LexisPSL on 26/09/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • A periodical payments order for the benefit of a child was made in 2003. The order provides for periodical payments until the child attains the age of 18, or ceases tertiary education to first-degree level, whichever is the later or further order. The payer has not complied with the terms of the order. Can the payer vary the order by an application to the Child Maintenance Service?

Section 4(10) of the Child Support Act 1991 (CSA 1991) provides, inter alia:

‘[(10) No application may be made [to the Child Maintenance Service] at any time under this section with respect to a qualifying child or any qualifying children if—

(a) there is in force a written maintenance agreement made before 5th April 1993, or a maintenance order [made before a prescribed date], in respect of that child or those children and the person who is, at that time, the absent parent [non-resident parent]; or

[(aa) a maintenance order made on or a

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