Section 99 — Family Proceedings Act 1980: Discharge, variation, and suspension of maintenance orders

99 Discharge, variation, and suspension of maintenance orders (1) Where a Family Court or a 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 of this Act, the Court may from time to time, in respect of any maintenance order, make any of the following orders: (a) An order discharging the maintenance order: (b) An order varying or suspending the maintenance order: (c) An order temporarily suspending the maintenance order, as to the whole or any part of the money ordered to be paid: (d) An order discharging the maintenance order, and substituting in its place a new maintenance order, whether of the same kind or not: (e) An order extending the term for which the maintenance order was made. (2) 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. (3) 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. (4) A Court may from time to time— (a) Remit the whole or part of any arrears due under a maintenance order; or (b) Suspend, on such terms and conditions (if any) as it specifies, the payment of the whole or part of any such arrears— whether or not the order has ceased to be in force. (5) A Court may— (a) 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 (b) Discharge an order made by it under this Act for the giving of such security. (6) 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. Compare: 1963 No 71 s 47; 1968 No 60 s 4(1); 1968 No 62 s 85; 1971 No 59 s 17 Section 99 was substituted, as from 1 July 1992, by section 17 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.