Section 145G — Family Proceedings Act 1980: Maintenance orders in respect of children

145G Maintenance orders in respect of children (1) On hearing an application under section 145A(b) of this Act, a Family Court may, subject to subsections (2) and (9) of this section, make any one or more of the following orders: (a) An order directing the respondent to pay such periodical sum towards the future maintenance of the child as the Court thinks fit: (b) An order directing the respondent to pay such lump sum towards the future maintenance of the child as the Court thinks fit: (c) An order directing the respondent to pay such lump sum towards the past maintenance of the child as the Court thinks fit. (2) The Court shall not make an order under this section pursuant to an application made by a person to whom section 145E(b) of this Act applies against a spouse or civil union partner of a parent of a child, unless the Court is satisfied that— (a) Either— (i) No natural or adoptive parent of the child is alive; or (ii) No natural or adoptive parent can be found who is capable of providing proper maintenance for the child; and (b) The child has at some time lived with the spouse or civil union partner of the child's parent as a member of that person's family. (3) An order made under subsection (1)(b) or subsection (1)(c) of this section for the payment of a lump sum may provide that the sum shall be payable— (a) At a future date specified in the order; or (b) By instalments specified in the order; or (c) On such terms and conditions as the Court thinks fit. (4) Where an application is made under section 145E of this Act against more than one parent of a child, an order under this section may be made against the parents in respect of whom the application is made or any one or more of them. (5) No order made under this section for the future maintenance of a child who is under the age of 16 years at the date when the order is made shall have effect after the child attains the age of 16 years, unless the Court so directs. (6) No order made under this section for the future maintenance of a child who is over the age of 16 years but under the age of 18 years at the date when the order is made shall have effect after the child attains the age of 18 years, unless the Court so directs. (7) On the application of any person who is entitled to apply under section 145E of this Act for a maintenance order in respect of a child, the Court may extend a maintenance order in respect of that child where the child has not attained the age of 16 years or 18 years, as the case may require, at the date on which the application is heard, but may otherwise make a fresh order. (8) Whether or not the Court makes a maintenance order under this section for the future maintenance of a child who has attained the age of 16 years or 18 years, the Court may order the respondent to pay, in respect of the past maintenance of the child during the period commencing on the date on which the child attained that age and ending on the date of the making of the order, or such earlier date as is appropriate in the circumstances, such sum at such time or times and in such manner as the Court thinks fit. (9) No order shall be made under this section in respect of a child who is married or in a civil union. (10) No order made under this section and no extension of an order shall have effect in respect of a child after the child marries or enters into a civil union. Sections 145A to 145J were inserted, as from 1 July 1992, by section 21 Family Proceedings Amendment Act 1991 (1991 No 144). Subsection (2) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouse or civil union partner of a parent ” for the word “ step-parent ” where it first appears. Subsection (2)(b) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouse or civil union partner of the child's parent as a member of that person's family ” for the words “ step-parent as a member of the step-parent's family ” . Subsection (9) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or in a civil union ” . Subsection (10) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by adding the words “ or enters into a civil union ” .