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Can the court make an order within financial proceedings, or otherwise take into account, overpayments of child maintenance made under a statutory child support assessment?
Save in limited circumstances, the court has no Jurisdiction in respect of Child maintenance which is governed by the Child Support Act 1991 as amended. The powers of the court in Financial remedy proceedings are limited to orders for periodical payments (including secured periodical payments), lump sums, property adjustment and pension orders. The court can also make interim orders such as for Maintenance pending suit or legal costs orders. See the following Practice Notes:
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Financial proceedings—orders that can be made by the court
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Child support—respective jurisdictions of the Child Maintenance Service and the court
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Child maintenance and financial provision—spouses and civil partners
The court therefore cannot, per se, order the return of overpayments of child maintenance made under
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Practice notes 1
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