Q&As

A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying party resides) under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972. If an agreement is reached between the parties as to the payment of arrears and future maintenance, can an application be made to vary the order by consent and include provision for the maintenance to be reduced pro tanto in the event of a calculation by the Child Maintenance Service (CMS)? If the paying party were to return to England and Wales, will the CMS then be able to make a calculation?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 27/06/2019

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying party resides) under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972. If an agreement is reached between the parties as to the payment of arrears and future maintenance, can an application be made to vary the order by consent and include provision for the maintenance to be reduced pro tanto in the event of a calculation by the Child Maintenance Service (CMS)? If the paying party were to return to England and Wales, will the CMS then be able to make a calculation?
  • Variation
  • Child Maintenance Service

A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying party resides) under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972. If an agreement is reached between the parties as to the payment of arrears and future maintenance, can an application be made to vary the order by consent and include provision for the maintenance to be reduced pro tanto in the event of a calculation by the Child Maintenance Service (CMS)? If the paying party were to return to England and Wales, will the CMS then be able to make a calculation?

This Q&A considers whether parties can vary by agreement an order for child maintenance that had originally been made in the jurisdiction of England and Wales under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (MO(RE)A 1972) and enforced in Singapore.

Variation

MO(RE)A 1972, s 3 provides that where an application is made to the family court for a maintenance order against a person residing in a reciprocating country, and the court would have jurisdiction to determine the application under the Domestic Proceedings and Magistrates' Courts Act 1978 or the Children Act 1989, a provisional maintenance order may be made. The payee may then apply for the order to be transmitted by the Secretary of State to the responsible authority in the reciprocating

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