The basic principles

Role of the courts with respect to maintenance for children10

1

This paragraph applies in any case whereF1 the Department would have jurisdiction to make a F2maintenance calculation with respect to a qualifying child and F3a non-resident parent of his on an application duly madeF4 or treated as made by a person entitled to apply for such F5a calculation with respect to that child.

2

Paragraph (1) applies even though the circumstances of the case are such thatF1 the Department would not make F6a calculation if it were applied for.

3

F7Except as provided in paragraph (3A), in any case where paragraph (1) applies, no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and F8non-resident parent concerned.

F93A

Unless a maintenance calculation has been made with respect to the child concerned, paragraph (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned—

a

if the maintenance order was made on or after the date prescribed for the purposes of Article 7(10)(a); or

b

where the order was made before then, in any case in which Article 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.

4

Paragraph (3) does not prevent a court from revoking a maintenance order.

5

The Lord Chancellor mayF10, with the concurrence of the Lord Chief Justice, by order provide that, in such circumstances as may be specified by the order, this Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

a

a written agreement (whether or not enforceable) provides for the making, or securing, by F11a non-resident parent of the child of periodical payments to or for the benefit of the child; and

b

the maintenance order which the court makes is, in all material respects, in the same terms as that agreement.

F125A

The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (5)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

6

This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

a

a F13maintenance calculation is in force with respect to the child;

F14b

the non-resident parent’s net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and

c

the court is satisfied that the circumstances of the case make it appropriate for the F15non-resident parent to make or secure the making of periodical payments under a maintenance order in addition to the child support maintenance payable by him in accordance with the F16maintenance calculation.

7

This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

a

the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and

b

the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training.

8

This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if—

a

a disability living allowance is paid to or in respect of him; or

b

no such allowance is paid but he is disabled,

and the order is made solely for the purpose of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of any expenses attributable to the child's disability.

9

For the purposes of paragraph (8), a child is disabled if he is blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed.

10

This Article shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if the order is made against a person with care of the child.

11

In this Order “maintenance order”, in relation to any child, means an order which requires the making or securing of periodical payments to or for the benefit of the child and which is made under—

Sub‐para.(a) rep. by 1995 NI 2

b

Part III of the Matrimonial Causes (Northern Ireland) Order 1978F17;

c

the Domestic Proceedings (Northern Ireland) Order 1980F18;

d

Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989F19;F20. . .

F21da

Schedule 15, 16 or 17 to the Civil Partnership Act 2004; or

F20dd

Schedule 1 to the Children (Northern Ireland) Order 1995;F22. . .

e

any other prescribed statutory provision,

and includes any order varying or reviving such an order.