Child Support Act 1991
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Change 1
9 Agreements about maintenance.
(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. (2A) The Secretary of State may, with a view to reducing the need for applications under sections 4 and 7— (a) take such steps as the 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 Secretary of State whether it is possible to make such an agreement. (3) Subject to section 4(10)(a) and (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 maintenance 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. (5) Where section 8 would prevent any court from making a maintenance order in relation to a child and a 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 (b) to increase the amount payable under such a provision. (6) In any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation, ... subsection (5) shall have effect with the omission of paragraph (b).
9 Agreements about maintenance.
(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. (2A) The Secretary of State may, with a view to reducing the need for applications under sections 4 and 7— (a) take such steps as the 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 Secretary of State whether it is possible to make such an agreement. (3) Subject to section 4(10)(a) and (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 maintenance 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. (5) Where section 8 would prevent any court from making a maintenance order in relation to a child and a 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 (b) to increase the amount payable under such a provision. (6) In any case in which section 4(10) or 7(10) prevents the making of an application for a maintenance calculation, ... subsection (5) shall have effect with the omission of paragraph (b).
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