SCHEDULES

SCHEDULE 1 Financial Provision for Children

Orders for financial relief for persons over eighteen

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1

If, on an application by a person who has reached the age of eighteen, it appears to the court—

a

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

b

that there are special circumstances which justify the making of an order under this paragraph,

the court may make one or both of the orders mentioned in sub-paragraph (2).

2

The orders are—

a

an order requiring either or both of the applicant’s parents to pay to the applicant such periodical payments, for such term, as may be specified in the order;

b

an order requiring either or both of the applicant’s parents to pay to the applicant such lump sum as may be so specified.

3

An application may not be made under this paragraph by any person if, immediately before he reached the age of sixteen, a periodical payments order was in force with respect to him.

4

No order shall be made under this paragraph at a time when the parents of the applicant are living with each other in the same household.

5

An order under sub-paragraph (2)(a) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.

6

In sub-paragraph (3) “periodical payments order” means an order made under—

a

this Schedule;

F1b

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

c

section 23 or 27 of the M1Matrimonial Causes Act 1973;

d

Part I of the M2Domestic Proceedings and Magistrates’ Courts Act 1978,

F2e

Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.);

f

Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),

for the making or securing of periodical payments.

7

The powers conferred by this paragraph shall be exercisable at any time.

8

Where the court makes an order under this paragraph it may from time to time while that order remains in force make a further such order.