Div 5Provisions relating to the discharge, suspension, variation and revival of orders

Division 5—Provisions relating to the discharge, suspension, variation and revival of orders 143—Application of Division This Division applies and has effect subject to any other provision of this Act relating to the discharge, suspension or variation of any order made under this Part. 144—General power to discharge, suspend or vary order (1) Upon application made by the Minister or by or on behalf of a person in whose favour or against whom an order (including an order as varied) has been made or is taken to have been made (being an order of a kind provided for in this Part), the Magistrates Court may, subject to this Division, at any time make an order discharging the order, suspending the order in whole or in part until a specified day or until further order, or varying the order. (3) An order must not be discharged, suspended or varied under this Division unless the court is satisfied— (a) that the order or, if the order has been varied, the original order or any order varying the original order was obtained by fraud or upon the basis of the existence of a marriage that did not in fact exist; or (b) that the means of the person for whose benefit the order was made or the means and ability to pay of the person against whom the order was made have so altered as to justify the discharge, suspension or variation of the order; or (c) that new facts or circumstances have arisen that have not previously been disclosed to a court in any proceedings in connection with the order and that by reason of those facts or circumstances it is reasonable to discharge, vary or suspend the order; or (d) that facts or circumstances were in existence at the time of the making of the order or, if the order has been varied, the original order or any order varying the original order, that have not previously been disclosed to a court in any proceedings in connection with the order and that were not and could not by the exercise of reasonable diligence have previously been known to the party by whom or on whose behalf the discharge, suspension or variation of the order is presently sought and that by reason of those facts or circumstances it is reasonable to discharge, vary or suspend the order. (4) An order provided for under this Part that is in force may be discharged or varied from any past or future day or may be suspended from any past or future day or in respect of any past or future period. (5) An order that has ceased to have effect may be discharged or varied from any past day or may be suspended from any past day or in respect of any past period. (6) The fact that the defendant is in default in complying with an order does not preclude the discharge, suspension or variation of that order. 145—Variation of order against near relative of child (1) Any justice, on the complaint of a near relative liable upon an order for the maintenance of a child made under this Part, may summon all or any of the persons alleged in the complaint to be near relatives of the child to appear before the Magistrates Court at a time and place to be appointed in the summons, and must give notice of the summons to the Chief Executive. (2) At the time and place so appointed, or at any adjourned hearing of the complaint, the court may make further inquiry as to the relationship to the child of the complainant and the persons summoned and as to their respective financial capacity to maintain or contribute to the maintenance of the child, and may make such order as appears just— (a) increasing, reducing, or varying the periodical sum to be paid by the complainant; or (b) suspending for a specified time, or annulling, the previous order; or (c) directing that the persons so summoned, or any one or more of them, must pay for or contribute towards the maintenance of the child, or may make such other order not inconsistent with this Act as appears just. (3) Subsection (2) does not authorise the Magistrates Court to annul an adjudication of paternity made in affiliation proceedings. 146—Effect of suspension order (1) Where an order provided for under this Part is suspended until a specified day, the order, unless earlier revived pursuant to this Division, will without any further or other order revive and again take effect upon the specified day. (2) Where an order is suspended until further order, it does not again take effect unless and until an order reviving it is made under this Division. (3) Subject to subsection (4), the fact that an order provided for under this Part is suspended does not prevent the enforcement of the order so far as it relates to any period before the day as from which the suspension took or takes effect. (4) Where an order provided for under this Part is suspended, the court may order that the whole or any part of any money owing under the order as at the day from which the suspension took or takes effect is not recoverable under this Act during the period of the suspension. 147—Plural births Where an order under this Part for the maintenance of a child is made before the birth of the child and two or more children are born, an application may be made under this Part for variation of the order to provide for the maintenance of the additional child or children. 148—Power of court to revive suspended order (1) Where an order under this Part has been made and has been suspended under this Division until a specified day or until further order, the Magistrates Court may, upon application made by or on behalf of the Minister or any person for whose benefit the order was made, make an order reviving the suspended order in whole or in part, with or without variation, as the court thinks fit. (3) A suspended order may be revived from any past day or any future day (not being a day subsequent to the expiration of the period of the suspension) specified in the reviving order and will from that day have and (where necessary) be taken to have effect accordingly. (4) Where the court revives an order from a past day it may direct that payment in respect of any period before the date of the reviving order be made in one sum or by such instalments as the court specifies in the reviving order.