Q&As

Where a child maintenance order provides for maintenance for a child until the age of 18, or completion of full time tertiary education (whichever is the later), and a party makes an application for a maintenance assessment by the Child Maintenance Service on the expiry of one year after the making of the order (in accordance with section 4(10)(aa) of the Child Support Act 1991), can the court order be resurrected at a later date if the children go to university?

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Published on LexisPSL on 11/01/2018

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

  • Where a child maintenance order provides for maintenance for a child until the age of 18, or completion of full time tertiary education (whichever is the later), and a party makes an application for a maintenance assessment by the Child Maintenance Service on the expiry of one year after the making of the order (in accordance with section 4(10)(aa) of the Child Support Act 1991), can the court order be resurrected at a later date if the children go to university?

Where a child maintenance order provides for maintenance for a child until the age of 18, or completion of full time tertiary education (whichever is the later), and a party makes an application for a maintenance assessment by the Child Maintenance Service on the expiry of one year after the making of the order (in accordance with section 4(10)(aa) of the Child Support Act 1991), can the court order be resurrected at a later date if the children go to university?

By virtue of section 8(5) of the Child Support Act 1991 (CSA 1991) (as amended by section 26 of the Child Support, Pensions and Social Security Act 2000 (CSPSSA 2000) and CSPSSA 2000, Sch 3, para 11(1)–(2)) and the Child Maintenance (Written Agreements) Order 1993, SI 1993/620, the courts retain jurisdiction to make a consent order embodying periodical payments for a child, and subsequently to vary such an order.

CSA 1991, s 4(10) of the provides:

‘(10) No application may be made 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

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