Section 34B Duration of orders for maintenance.

(1)

The term to be specified in an order made under section 34(1)(b) in favour of a child may begin with the date of the making of an application for the order in question or any later date but—

(a)

shall not in the first instance extend beyond the date of the birthday of the child next following his attaining the upper limit of the compulsory school age (that is to say, the age that is for the time being that limit by virtue of section 35 of the M1Education Act 1944 together with any Order in Council made under that section) unless the court thinks it right in the circumstances of the case to specify a later date; and

(b)

shall not in any event, subject to subsection (2) below, extend beyond the date of the child’s eighteenth birthday.

(2)

Paragraph (b) of subsection (1) shall not apply in the case of a child if it appears to the court that—

(a)

the child is, or will be, or if an order were made without complying with that paragraph would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment; or

(b)

there are special circumstances which justify the making of an order without complying with that paragraph.

(3)

Any order made under section 34(1)(b) in favour of a child shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order.

Annotations

Marginal citations

M1: 1944 c. 31(41:1).

Notes on Part II

Modifications

C1: Pt. II (Ss. 33–55) modified (E.W.) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), ss. 8(3), 12, Sch. 1
C2: Pt II (Ss. 33–55) amended (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 2(1)(e)