Status of Children Act 1987

Amendment of section 5 of the Act of 1976.

17

17.—Section 5 of the Act of 1976 is hereby amended—

(a) by the insertion in subsection (1) (c)—

(i) of “under this section” after “maintenance order”, and

(ii) of “of the family” after “dependent child” in each place it occurs,

and

(b) by the substitution of the following subsection for subsection (4):

“(4) The Court, in deciding whether to make a maintenance order under this section and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case and, in particular, to the following matters—

(a) the income, earning capacity (if any), property and other financial resources of—

(i) the spouses and any dependent children of the family, and

(ii) any other dependent children of which either spouse is a parent,

including income or benefits to which either spouse or any such children are entitled by or under statute, and

(b) the financial and other responsibilities of—

(i) the spouses towards each other and towards any dependent children of the family, and

(ii) each spouse as a parent towards any other dependent children,

and the needs of any such children, including the need for care and attention.”,

and the said subsection (1) (c), as so amended, is set out in the Table to this section.

TABLE

(c) A maintenance order under this section or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the family and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the family shall be made.