Section 100 — Family Proceedings Act 1980: Restriction on payment of maintenance in advance

100 Restriction on payment of maintenance in advance (1) No money payable under a maintenance order shall be paid more than 12 months in advance of the due date for payment, except with the prior approval of the Court by which the order was made. (2) Where any money is paid in breach of this section, unless the Court otherwise decides,— (a) It shall not be taken into account in any proceedings for the enforcement of the maintenance order or for the punishment of any disobedience to the order; and (b) Those proceedings may be taken in the same manner as if that money had not been paid. (3) An approval under subsection (1) of this section or a decision under subsection (2) of this section may be given subject to such conditions as the Court thinks fit. (4) Money paid in breach of this section shall be recoverable as a debt owing to the person who paid it, unless it has been received by the person who is entitled to receive it under the maintenance order. (5) [Repealed] Compare: 1968 No 62 s 86 Subsection (5) was repealed, as from 1 July 1992, by section 18 Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child Support Act 1991 (1991 No 142) as to savings in respect of outstanding maintenance liabilities.