(1)In this section “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of any child.
(2)Nothing in this Act shall be taken to prevent any person from entering into a maintenance agreement.
(3)[F1Subject to section 4(10)(a) and section 7(10),] the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a maintenance assessment with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.
(4)Where any agreement contains a provision which purports to restrict the right of any person to apply for a maintenance assessment, that provision shall be void.
(5)Where section 8 would prevent any court from making a maintenance order in relation to a child and an absent parent of his, no court shall exercise any power that it has to vary any agreement so as—
(a)to insert a provision requiring that absent parent to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or
(b)to increase the amount payable under such a provision.
[F2(6)In any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance assessment, and—
(a)no application has been made for a maintenance assessment under section 6, or
(b)such an application has been made but no maintenance assessment has been made in response to it,
subsection (5) shall have effect with the omission of paragraph (b).]
Textual Amendments
F1Words in s. 9(3) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(4), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F2S. 9(6) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(4), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
Modifications etc. (not altering text)
C1S. 9 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch. 2
C2S. 9(3) excluded (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(1) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C3S. 9(5) modified (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(1) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C4S. 9(5)(b) excluded (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(2) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C5S. 9(5)(b) restricted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(9), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1