Q&As

An order made by consent provides for maintenance to be paid to the parent with care for the benefit of the child until the child reaches the age of 18 or finishes their secondary education (whichever is later), and thereafter for the maintenance to be paid directly to the child until they finish their tertiary education. In the event of the payer defaulting in relation to payments direct to the child, how can the order be enforced? Can it be enforced on behalf of the child, or can the child enforce the order even where they were not a party to the original order?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 21/01/2021

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

  • An order made by consent provides for maintenance to be paid to the parent with care for the benefit of the child until the child reaches the age of 18 or finishes their secondary education (whichever is later), and thereafter for the maintenance to be paid directly to the child until they finish their tertiary education. In the event of the payer defaulting in relation to payments direct to the child, how can the order be enforced? Can it be enforced on behalf of the child, or can the child enforce the order even where they were not a party to the original order?

An order made within financial remedy proceedings between divorcing spouses may make provision for periodical payments to be paid by one party to another in a specified amount and for a period or on a joint lives basis, or subject to the occurring of certain triggers. By section 23 of the Matrimonial Causes Act 1973 (MCA 1973), the court may order that a party pay to the other party periodical payments (MCA 1973, s 23(1)(a)) which may be secured (MCA 1973, s 23(1)(b)), or to pay periodical payments to such person as may be specified in the order for the benefit of a child of the family, or to such a child, which may also be secured (MCA 1973, s 23(1)(d) and (e)). The provisions relating to periodical payments for the benefit of or to a child are subject to MCA 1973, s 29. This provides that no financial provision order shall be made in favour of a child who has

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