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Family Proceedings Act 1980

Maintenance of spouses and de facto partners - Miscellaneous provisions as to maintenance

99: Discharge, variation, and suspension of maintenance orders

You could also call this:

"Changing or stopping a maintenance order in court"

Illustration for Family Proceedings Act 1980

You can go to the Family Court or the District Court to change a maintenance order. The court can make changes if it thinks it is fair, looking at the principles of maintenance set out in sections 62 to 66 and in section 81. The court can stop the order, change it, or suspend it. You can ask the court to stop a maintenance order or change it if you think it is fair. If a maintenance order is stopped, you can still get any money that was owed to you when it was stopped. The court can also change an order to make someone pay more money, and this can start from an earlier date. The court can also forgive some or all of the money that is owed, or stop the payment of some or all of the money that is owed. You can ask the court to change an order for security for maintenance payments. The court can make these changes even if the original order was agreed to by both parties.

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Part 6Maintenance of spouses and de facto partners
Miscellaneous provisions as to maintenance

99Discharge, variation, and suspension of maintenance orders

  1. Where the Family Court or the District Court is satisfied that it ought to do so having regard to the principles of maintenance set out in sections 62 to 66 and in section 81, the court may from time to time, in respect of any maintenance order, make any of the following orders:

  2. an order discharging the maintenance order:
    1. an order varying or suspending the maintenance order:
      1. an order temporarily suspending the maintenance order, as to the whole or any part of the money ordered to be paid:
        1. an order discharging the maintenance order, and substituting in its place a new maintenance order, whether of the same kind or not:
          1. an order extending the term for which the maintenance order was made.

            1. Where a maintenance order is discharged or any such order otherwise ceases to have effect, all arrears due under the order at the time when it was discharged or otherwise ceased to have effect shall, unless and to the extent that they are remitted by a court, be recoverable by the party to whom they are owing as if the order were still in force.

            2. An order under this section varying a maintenance order by increasing the amount payable under it may, if the court thinks fit, take effect from a date that is earlier than the date of the order of variation, but is not earlier than the date on which the grounds for the variation arose.

            3. A court may from time to time—

            4. remit the whole or part of any arrears due under a maintenance order; or
              1. suspend, on such terms and conditions (if any) as it specifies, the payment of the whole or part of any such arrears—
                  1. whether or not the order has ceased to be in force.

                1. A court may—

                2. from time to time vary or extend an order made by it under this Act for the giving of security for the payment of maintenance, whether as to the term of the order or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise; or
                  1. discharge an order made by it under this Act for the giving of such security.

                    1. A court may exercise the powers given by this section notwithstanding that the order that is varied, extended, suspended, or discharged was made by consent of the parties.

                    Notes
                    • Section 99: replaced, on , by section 17 of the Family Proceedings Amendment Act 1991 (1991 No 144).
                    • Section 99(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).