QLDIn ForceAct
Maintenance Act 1965
sec.26Extension of maintenance order after child’s 16th birthday
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### sec.26 Extension of maintenance order after child’s 16th birthday
This section applies to any child for whose maintenance an order (in this section called a maintenance order ) is or, at the time the child attained the age of 16 years, was in force under this Act or under the repealed Acts.
Where, upon application made to a court on behalf of a child to whom this section applies, it appears to the court that, in the case of a child who has not attained the age of 16 years, the child will, after the child attains that age, be engaged in a course of education or training or, in the case of a child who has attained that age, the child is or will be so engaged, and that the maintenance order made in respect of the child should be continued or revived, as the case may require, with or without variation, for the purpose of making provision for or towards the maintenance of the child while the child is so engaged and for or towards the meeting of the expenses of the course, the court may order—
where the child has not attained the age of 16 years—that the maintenance order continue and be in force for such amount and for such period (not exceeding 2 years from the date on which the child attains that age, unless the defendant consents to a longer period) as may be specified in the order under this section; or
where the child has attained the age of 16 years—that the maintenance order revive on and from a date to be specified in the order under this section (not being a date earlier than the date on which the order is made) and that the maintenance order thereafter be in force for such amount and for such period (not exceeding 2 years from the date so specified, unless the defendant consents to a longer period) as may be specified in the order so made.
A court may, from time to time, by a subsequent order under this section, extend the period specified in any previous order so made for such further period (not exceeding 2 years, unless the defendant consents to a longer period) from the date of expiry of the previous order as may be specified in the subsequent order.
An order under this section shall not require payments to be made under a maintenance order after the date on which the child attains the age of 21 years.
An application under this section shall be heard by the court for the place where payments under the maintenance order are or were required to be made, unless—
the parties to the application consent to the hearing of the application by a court sitting at another place; or
the hearing of the application is adjourned, upon the application of either party, to a court sitting at another place.
(sec.26-ssec.1) This section applies to any child for whose maintenance an order (in this section called a maintenance order ) is or, at the time the child attained the age of 16 years, was in force under this Act or under the repealed Acts.
(sec.26-ssec.2) Where, upon application made to a court on behalf of a child to whom this section applies, it appears to the court that, in the case of a child who has not attained the age of 16 years, the child will, after the child attains that age, be engaged in a course of education or training or, in the case of a child who has attained that age, the child is or will be so engaged, and that the maintenance order made in respect of the child should be continued or revived, as the case may require, with or without variation, for the purpose of making provision for or towards the maintenance of the child while the child is so engaged and for or towards the meeting of the expenses of the course, the court may order— where the child has not attained the age of 16 years—that the maintenance order continue and be in force for such amount and for such period (not exceeding 2 years from the date on which the child attains that age, unless the defendant consents to a longer period) as may be specified in the order under this section; or where the child has attained the age of 16 years—that the maintenance order revive on and from a date to be specified in the order under this section (not being a date earlier than the date on which the order is made) and that the maintenance order thereafter be in force for such amount and for such period (not exceeding 2 years from the date so specified, unless the defendant consents to a longer period) as may be specified in the order so made.
(sec.26-ssec.3) A court may, from time to time, by a subsequent order under this section, extend the period specified in any previous order so made for such further period (not exceeding 2 years, unless the defendant consents to a longer period) from the date of expiry of the previous order as may be specified in the subsequent order.
(sec.26-ssec.4) An order under this section shall not require payments to be made under a maintenance order after the date on which the child attains the age of 21 years.
(sec.26-ssec.5) An application under this section shall be heard by the court for the place where payments under the maintenance order are or were required to be made, unless— the parties to the application consent to the hearing of the application by a court sitting at another place; or the hearing of the application is adjourned, upon the application of either party, to a court sitting at another place.
- (a) where the child has not attained the age of 16 years—that the maintenance order continue and be in force for such amount and for such period (not exceeding 2 years from the date on which the child attains that age, unless the defendant consents to a longer period) as may be specified in the order under this section; or
- (b) where the child has attained the age of 16 years—that the maintenance order revive on and from a date to be specified in the order under this section (not being a date earlier than the date on which the order is made) and that the maintenance order thereafter be in force for such amount and for such period (not exceeding 2 years from the date so specified, unless the defendant consents to a longer period) as may be specified in the order so made.
- (a) the parties to the application consent to the hearing of the application by a court sitting at another place; or
- (b) the hearing of the application is adjourned, upon the application of either party, to a court sitting at another place.