Domestic Proceedings and Magistrates’ Courts Act 1978

20 Variation, revival and revocation of orders for periodical payments. E+W

(1) Where a magistrates’ court has made an order under section 2(1)(a) or (c) of this Act for the making of periodical payments the court shall have power, on an application made under this section, to vary or revoke that order and also to make an order under section 2(1)(b) or (d) of this Act.

[F1 (2) Where a magistrates’ court has made an order under section 6 of this Act for the making of periodical payments by a party to a marriage the court shall have power, on an application made under this section, to vary or revoke that order and also to make an order for the payment of a lump sum by that party either—

(a) to the other party to the marriage, or

(b) to a child of the family or to that other party for the benefit of that child.]

(3) Where a magistrates’ court has made an order under section 7 of this Act for the making of periodical payments, the court shall have power, on an application made under this section, to vary or revoke that order.

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a magistrates’ court has made an interim maintenance order under section 19 of this Act, the court, on an application made under this section, shall have power to vary or revoke that order, except that the court shall not by virtue of this subsection extend the period for which the order is in force.

(6) The power of the court under this section to vary an order for the making of periodical payments shall include power to suspend any provision thereof temporarily and to revive any provision so suspended.

(7) Where the court has power by virtue of this section to make an order for the payment of a lump sum, the amount of the lump sum shall not exceed the maximum amount that may at that time be required to be paid under section 2(3) of this Act, but the court may make an order for the payment of a lump sum not exceeding that amount notwithstanding that the person required to pay the lump sum was required to pay a lump sum by a previous order under this Part of this Act.

(8) Where the court has power by virtue of subsection (2) above to make an order for the payment of a lump sum and the respondent [F3 or the applicant, as the case may be,] has agreed to pay a lump sum of an amount exceeding the maximum amount that may at that time be required to be paid under section 2(3) of this Act, the court may, notwithstanding anything in subsection (7) above, make an order for the payment of a lump sum of that amount.

(9) An order made by virtue of this section which varies an order for the making of periodical payments may, F4 ... , provide that the payments as so varied shall be made from such date as the court may specify, [F5 except that, subject to subsections (9A) and (9B) below, the date shall not be] earlier than the date of the making of the application under this section.

[F6 (9A) Where—

(a) there is in force an order (“the order ”)—

(i) under section 2(1)(c) of this Act,

(ii) under section 6(1) of this Act making provision of a kind mentioned in paragraph (c) of section 6(2) of this Act (regardless of whether it makes provision of any other kind mentioned in that paragraph),

(iii) under section 7(2)(b) of this Act, or

(iv) which is an interim maintenance order under which the payments are to be made to a child or to the applicant for the benefit of a child;

(b) the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them;

(c) a [F7 maintenance assessment][F7 maintenance calculation] (“[F8 the assessment][F8 the calculation]”) is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made; and

(d) an application is made, before the end of the period of 6 months beginning with the date on which [F8 the assessment][F8 the calculation] was made, for the variation or revocation of the order,

the court may, in exercise of its powers under this section to vary or revoke the order, direct that the variation or revocation shall take effect from the date on which [F8 the assessment][F8 the assessment] took effect or any later date.

(9B) Where—

(a) an order (“the child order ”) of a kind prescribed for the purposes of section 10(1) of the Child Support Act 1991 is affected by a [F9 maintenance assessment][F9 maintenance calculation];

(b) on the date on which the child order became so affected there was in force an order (“the spousal order ”)—

(i) under section 2(1)(a) of this Act,

(ii) under section 6(1) of this Act making provision of a kind mentioned in section 6(2)(a) of this Act (regardless of whether it makes provision of any other kind mentioned in that paragraph),

(iii) under section 7(2)(a) of this Act, or

(iv) which is an interim maintenance order under which the payments are to be made to the applicant (otherwise than for the benefit of a child); and

(c) an application is made, before the end of the period of 6 months beginning with the date on which the [F10 maintenance assessment][F10 maintenance calculation] was made, for the spousal order to be varied or revoked,

the court may, in exercise of its powers under this section to vary or revoke the spousal order, direct that the variation or revocation shall take effect from the date on which the child order became so affected or any later date.

(9C) For the purposes of subsection (9B) above, an order is affected if it ceases to have effect or is modified by or under section 10 of the Child Support Act 1991.]

F11 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In exercising the powers conferred by this section the court shall, so far as it appears to the court just to do so, give effect to any agreement which has been reached between the parties in relation to the application and, if there is no such agreement or if the court decides not to give effect to the agreement, the court shall have regard to all the circumstances of the case, [F12 first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen, and the circumstances of the case shall include any change] in any of the matters to which the court was required to have regard when making the order to which the application relates or, in the case of an application for the variation or revocation of an order made under section 6 of this Act or on an appeal under section 29 of this Act, to which the court would have been required to have regard if that order had been made under section 2 of this Act.

[F13 (12) An application under this section may be made—

(a) where it is for the variation or revocation of an order under section 2, 6, 7 or 19 of this Act for periodical payments, by either party to the marriage in question; and

(b) where it is for the variation of an order under section 2(1)(c), 6 or 7 of this Act for periodical payments to or in respect of a child, also by the child himself, if he has attained the age of sixteen.]

F14 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 20(2) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 11, 48(2)

F2 S. 20(4) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F3 Words inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 25

F4 Words in s. 20(9) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F5 Words in s. 20(9) substituted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para.7.

F6 S. 20(9A)-(9C) added (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para.8.

F7 Words in s. 20(9A)(c) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(3)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F8 Words in s. 20(9A) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(3)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F9 Words in s. 20(9B)(a) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(3)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F10 Words in s. 20(9B)(c) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 4(3)(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F11 S. 20(10) repealed (1.4.1989 subject to a saving in S.I. 1989/382, art. 3, Sch. 2 para. 3) by Family Law Reform Act 1987 (c. 42, SIF 49:3), s. 33(4), Sch. 4

F12 Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 9(3), 48(2)

F13 S. 20(12) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 38 (with Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)

F14 S. 20(13) repealed (1.4.1989 subject to a saving in S.I. 1989/382, art. 3, Sch. 2 para. 3) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(4), Sch. 4

Modifications etc. (not altering text)

C1 S. 20 amended (14.10.1991) by S.I. 1991/1991, rule 22(1)

S. 20 restricted (14.10.1991) by S.I. 1991/1991, rule 22(4)