Section 13: Periodical payments orders
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
13. Periodical payments orders
(1) On granting a decree or at any time thereafter, the Court may make
one or both of the following orders—
(a) an order that either party shall make to the other party periodical
payments;
(b) an order that either party shall make to any person for the benefit of any child periodical payments,
for such term and on such conditions as the Court may specify.
(2) An order for periodical payments under subsection (1) (a) shall lapse
on the remarriage of the party in whose favour the order was made.
(3) Subject to subsection (4), no order shall be made under subsection (1) (b)—
(a) in favour of a child who has attained the age of 18;
(b) so as to extend beyond the eighteenth birthday of a child.
(4) Notwithstanding any other enactment, the Court may make an order
under subsection (1) (b) in favour of a child who has attained the age of 18
or make an order extending beyond a child’s eighteenth birthday, if the Court
is satisfied that—
(a) the child is or will be receiving instruction at an educational establishment; or
(b) there are special circumstances which justify the making of the
order.
(5) Any party against whom an order to make any periodical payment
has been made and who, without lawful excuse or justification, fails to comply with the order, shall, without prejudice to any other proceedings which
may be instituted against him, commit an offence and shall, on conviction,
be liable to a fine not exceeding 2,000 rupees and to imprisonment for a
term not exceeding one year.
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Questions this section answers
- Can the court order my ex-spouse to make regular maintenance payments to me?
- Does a maintenance order for my ex-spouse stop if they remarry?
- Can maintenance for a child continue past their 18th birthday if they are still studying?
- What is the penalty for failing to pay a court-ordered maintenance payment?