SCHEDULES
SCHEDULE 5F1Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973
Part 11Variation, discharge etc. of certain orders for financial relief
Variation etc. of periodical or secured periodical payments orders made in cases of failure to maintain
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1
An application for the variation under paragraph 51 of a periodical payments order or secured periodical payments order made under Part 9 in favour of a child may, if the child has reached 16, be made by the child himself.
2
Sub-paragraph (3) applies if a periodical payments order made in favour of a child under Part 9 ceases to have effect—
a
on the date on which the child reaches 16, or
b
at any time after that date but before or on the date on which the child reaches 18.
3
If, on an application made to the court for an order under this sub-paragraph, it appears to the court that—
a
the child is, will be or, if an order were made under this sub-paragraph, would be—
i
receiving instruction at an educational establishment, or
ii
undergoing training for a trade, profession or vocation,
whether or not the child also is, will be or would be in gainful employment, or
b
there are special circumstances which justify the making of an order under this sub-paragraph,
the court may by order revive the order mentioned in sub-paragraph (2) from such date as it may specify.
4
A date specified under sub-paragraph (3) must not be earlier than the date of the application under that sub-paragraph.
5
If under sub-paragraph (3) the court revives an order it may exercise its power under paragraph 51 in relation to the revived order.
Sch. 5 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 177; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)