Part I Matrimonial Proceedings in Magistrates’ Courts

Variation, revocation and cessation of orders etc.

F120ZA Variation of orders for periodical payments: further provisions.

(1)

Subject to subsections (7) and (8) below, the power of the court under section 20 of this Act to vary an order for the making of periodical payments shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under F2section 1(4) and (4A) of the Maintenance Enforcement Act 1991.

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

F4Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 (power of court to order that account be opened) shall apply for the purposes of F5subsection (1) above as it applies for the purposes of that section.

(7)

Before varying the order by exercising one of its powers under F6section 1(4) and (4A) of the Maintenance Enforcement Act 1991, the court shall have regard to any representations made by the parties to the application.

F7(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

None of the powers of the court F9... conferred by this section shall be exercisable in relation to an order under this Part of this Act for the making of periodical payments F10unless, at the time when the order was made, the person required to make the payments was ordinarily resident in England and Wales.