Section 9 Agreements about maintenance.C1

England, Wales and Scotland

(1)

In this section “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of any child.

(2)

Nothing in this Act shall be taken to prevent any person from entering into a maintenance agreement.

F1(2A)

The F2Secretary of State may, with a view to reducing the need for applications under sections 4 and 7—

(a)

take such steps as F3the Secretary of State considers appropriate to encourage the making and keeping of maintenance agreements, and

(b)

in particular, before accepting an application under those sections, invite the applicant to consider with the F4Secretary of State whether it is possible to make such an agreement.

C2(3)

F5Subject to section 4(10)(a) F6and (ab) and section 7(10), the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a F7maintenance calculation with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.

(4)

Where any agreement contains a provision which purports to restrict the right of any person to apply for a maintenance calculation, that provision shall be void.

C3(5)

Where section 8 would prevent any court from making a maintenance order in relation to a child and F8a non-resident parent of his, no court shall exercise any power that it has to vary any agreement so as—

(a)

to insert a provision requiring that non-resident parent to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or

C4 C5(b)

to increase the amount payable under such a provision.

F9(6)

In any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation, F10... subsection (5) shall have effect with the omission of paragraph (b).

Annotations

Textual amendments

F1: S. 9(2A) inserted (25.11.2013) by Welfare Reform Act 2012 (c. 5), ss. 136(1), 150(3); S.I. 2013/2947, art. 6
F2: Words in s. 9(2A) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 105(2)(a)
F3: Words in s. 9(2A)(a) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 105(2)(b)
F4: Words in s. 9(2A)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 105(2)(c)
F5: Words in s. 9(3) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(4), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F6: Words in s. 9(3) inserted (6.6.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), ss. 35(3), 62(2)
F7: Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.
F8: Words in Act substituted (31.1.2001 for specified purposes, 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. 11(2) (with s. 83(6)); S.I. 2000/3354, art. 2(1)(b); S.I. 2003/192, art. 3, Sch.
F9: S. 9(6) inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(4), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F10: Words in s. 9(6) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)

Modifications

C1: S. 9 amended (5.4.1993) by The Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 (S.I. 1993/584), reg. 2(2), Sch. 2
C2: S. 9(3) excluded (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(1) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C3: S. 9(5) modified (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(1) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C4: S. 9(5)(b) excluded (31.3.1993) by The Child Support Act 1991 (Commencement No.3 and Transitional Provisions) Order 1992 (S.I. 1992/2644), Sch. Pt. I para. 5(2) (as substituted (31.3.1993) by S.I. 1993/966, art. 2(1))
C5: S. 9(5)(b) restricted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 18(9), 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1

Notes on the whole Act

Textual amendments

F1: Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.