Matrimonial and Family Proceedings Act 1984

[F131LEnforcementE+W

(1)Payment of a fine or penalty imposed by the family court may be enforced upon the order of the court in like manner as a judgment of the court for the payment of money.

(2)Rules of court may, in relation to cases where under two or more orders made by or registered in the family court the same person is required to make periodical payments to the same recipient, make provision—

(a)for recovery of payments under more than one of the orders to be dealt with in the same proceedings;

(b)for apportioning, between some or all of the orders, payments made by the person required to make payments under the orders.

(3)Subsection (4) applies where—

(a)periodical payments are required to be made, or a lump sum is required to be paid, to a child under an order made by the family court, or

(b)periodical payments are required to be made to a child under an order registered in the family court.

(4)Any sum required under the order to be paid to the child may be paid to the person who looks after the child, and that person may proceed in that person's own name for—

(a)the variation, revival or revocation of the order, or

(b)the recovery of any sum required to be paid under the order.

(5)Where a child has a right under any Act or instrument made under an Act to apply for the revival of an order made by the family court which provided for the making of periodical payments to or for the benefit of the child, the person who looks after the child may proceed in the person's own name for the revival of the order.

(6)Where any person by whom periodical payments are required to be paid to a child under an order made by or registered in the family court applies for the variation or revocation of the order, the person who looks after the child may answer the application in the person's own name.

(7)Nothing in subsections (4) and (5) affects any right of a child to proceed in the child's own name for the variation, revival or revocation of an order or for the recovery of a sum payable under an order.

(8)In this section—

(a)a reference to the person who looks after a child is—

(i)in the case of a child who is being looked after by a local authority (within the meaning of section 22 of the Children Act 1989 [F2or section 74 of the Social Services and Well-being (Wales) Act 2014]), a reference to that local authority, and

(ii)in any other case, a reference to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child;

(b)“child” means a person under the age of 18;

(c)a reference to an order registered in the family court is a reference to an order registered in the court under the Maintenance Orders (Facilities for Enforcement) Act 1920, Part 2 of the Maintenance Orders Act 1950, Part 1 of the Maintenance Orders Act [F31958 or] the Maintenance Orders (Reciprocal Enforcement) Act 1972 F4....]

Textual Amendments

F1Ss. 31B-31P inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 1; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)