Repayment of Periodical Payments and Remission of Arrears: Court Powers, Procedure and Costs (England and Wales), including Schedule 1 Children Act 1989
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This Practice Note
This Practice Note explores the court’s jurisdiction to compel repayment of monies paid under a periodical payments order where the recipient later marries or enters a formal civil partnership, or where there is a shift in either party’s circumstances. It further addresses the court’s authority to remit (ie cancel) arrears of periodical payments in suitable cases. Guidance is given on the relevant procedure, treatment of costs, and routes for invoking comparable powers within an application brought under Schedule 1 to the Children Act 1989 (ChA 1989). A payer may invite the exercise of these powers by seeking a variation or discharge of a periodical payments order, or in defending, resisting or answering an enforcement application. See generally, Practice Notes: Periodical payments—variation of orders and Enforcement of financial orders. On rarer occasions, the court may act on a free-standing application initiated separately. There are no statutory counterparts to the powers found in the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004) where the order was made under ChA 1989, Sch 1, rather than those statutes. Nevertheless, in appropriate cases the court may rely on its residual jurisdiction to produce equivalent outcomes; see: —Schedule 1...
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Web page updated on 21/05/2026
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