Q&As

Where an order is made providing for periodical payments for the benefit of a child while the child remains in tertiary education, is the order only enforceable for a period of 12-months or can it be enforced after the 12-month period has expired?

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Published on LexisPSL on 20/09/2018

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

  • Where an order is made providing for periodical payments for the benefit of a child while the child remains in tertiary education, is the order only enforceable for a period of 12-months or can it be enforced after the 12-month period has expired?

By virtue of the provisions of the Child Support Act 1991 (CSA 1991), the courts retain jurisdiction to make or vary orders for maintenance of children in, inter alia, the following circumstances:

  1. a court order was made after 3 March 2003 and it is less than 12 months' old

  2. the parties have agreed a maintenance figure and want that agreement made into an order (in most cases, this means that child maintenance has been provided in a consent order to be submitted to the court for approval and sealing)

CSA 1991, s 4(10aa) provides that:

‘[(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—

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