Article 11 Agreements about maintenance
In this Article “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance to or for the benefit of any child.
Nothing in this Order shall be taken to prevent any person from entering into a maintenance agreement.
F1Subject to Article 7(10)(a) the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a F2maintenance calculation with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.
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.
Where Article 10 would prevent any court from making a maintenance order in relation to a child and F3a non-resident parent of his, no court shall exercise any power that it has to vary any agreement so as—
to insert a provision requiring that non-resident parent to make or secure the making of periodical payments by way of maintenance to or for the benefit of that child; or
to increase the amount payable under such a provision.
In any case in which Article 7(10) prevents the making of an application for a maintenance calculation, F4... paragraph (5) shall have effect with the omission of sub-paragraph (b).
Annotations
Textual amendments
- F1
- F2
Words in art. 11 substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.
- F3
Words in Order substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 25, 68(2), Sch. 3 para. 11; S.R. 2003/53, art. 3(1), Sch.
- F4
Words in art. 11(6) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)