SCHEDULES

SCHEDULE 5Financial relief in the High Court or a county court etc.

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.