[Rev. 2012]
Children
CAP. 141
provision, by altering the times of payments or by increasing or diminishing the
amount payable or may temporarily suspend the order as to the whole or any part
of the money paid and subsequently revive it wholly or in part as the court thinks fit.
100. Power to vary maintenance agreements
Where the parents, guardians or custodians of a child, have entered into an
agreement whether oral or written in respect of the maintenance of the child the
court may, upon application, vary the terms of the agreement if it is satisfied that
such variation is reasonable and in the best interests of the child.
Enforcement of Maintenance Orders and Contribution Orders
101. Enforcement of maintenance orders and contribution orders
(1) Any person, including the child in whose favour a maintenance order has
been made pursuant to section 91, may apply to the court for the enforcement of the
order under this section, if the person against whom the order is made has failed
to comply with any provision contained in a maintenance order or has defaulted in
any payment specified by the order, for the recovery of any arrears with regard to
any financial provision stipulated in the order.
(2) Where a contribution order has been made under section 144 of this Act,
a person or an institution in whose favour the order has been made may apply to
the court under this section for the enforcement of the order and for the recovery
of any arrears from the person required to make a contribution to the maintenance
of the child.
(3) Unless otherwise directed by the court, notice of proceedings under this
section shall be served on the respondent who may be summoned or arrested on
a warrant issued by the court.
(4) Prior to the making of an order under this section, the court may hold
an enquiry as to the means of the respondent who shall, whenever possible, be
present and where such enquiry is held the court may direct that—
(a) enquiries be made as to the means of the respondent by such person
as the court may direct; or
(b) the respondent’s income, assets and liabilities be searched to
establish such information as the court may require to make an order
under this section; or
(c) a statement of means from the respondent’s employer, or auditors
or from such other person as the court shall direct, be availed to the
court.
(5) Where the court is satisfied that the respondent has failed to make payment
of any financial provision under a maintenance order or a contribution order, the
court may—
(a) order that any arrears in respect of any maintenance monies or
contribution monies as the case may be, be paid forthwith, or by
instalments or within such other period as shall be specified by the
court;
C15 - 45
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