sec.31Court may discharge, suspend, or vary order

### sec.31 Court may discharge, suspend, or vary order Upon application made by or on behalf of a party to an order (including an order as varied) made under this part, a court may, subject to this division, at any time make an order— discharging the order; or suspending the order in whole or in part until a specified day or until further order; or varying the order in any specified particular. An application under subsection (1) shall be heard by the court for the place where payments under the order are 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. An order shall not be discharged, suspended, or varied under this division unless the court is satisfied— 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 that new facts or circumstances have arisen that have not previously been disclosed to a court and that by reason of those facts or circumstances it is reasonable to discharge, suspend or vary the order; or 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 and that were not and could not by the exercise of reasonable diligence have previously been known to the party presently seeking the discharge, suspension, or variation of the order, and that by reason of those facts or circumstances it is reasonable to discharge, suspend or vary the order. An order— that is in force under this part may be— discharged, suspended, or varied as from any past or future day; or suspended in respect of any past or future period; or that has ceased to have effect, may be discharged, suspended, or varied from any past day, or suspended in respect of any past period; specified in the order that effects the discharge, suspension, or variation. The fact that the defendant is in default in complying with an order shall not preclude the discharge, suspension, or variation of that order. However, where under this Act proceedings for enforcement have been instituted in respect of a maintenance order enforceable under this Act, an application for discharge, suspension or variation of that order shall not be made, by or on behalf of the person against whom that order was made, prior to the completion of those proceedings for enforcement. Notwithstanding subsection (3) an order that is in force under this part may, subject to this subsection and subsections (7) to (9) , be discharged, suspended or varied by the court where the parties to the application consent to the terms and conditions of a discharge, suspension or, as the case may be, variation and inform the court of that consent. A court shall not make an order under subsection (6) unless the parties to the application— appear before the court in person or are represented before it by counsel or solicitor; and adduce, by admissions made orally or in writing, evidence of the facts and circumstances upon which that order is to be based. The court may, in its discretion, refuse to make the order sought by the parties whereupon— the hearing upon the application shall commence de novo, and in such case evidence of admissions made for the purpose of obtaining an order by consent under subsection (6) shall not be admissible at that hearing; or with the consent of the parties to the application the court may proceed to hear and determine the application. Any oral admission made under subsection (7) shall be recorded by the court and if an order is made by consent under subsection (6) become part of the record of that consent proceeding. s 31 amd 1974 No. 27 s 5 ; 2010 No. 42 s 214 sch (sec.31-ssec.1) Upon application made by or on behalf of a party to an order (including an order as varied) made under this part, a court may, subject to this division, at any time make an order— discharging the order; or suspending the order in whole or in part until a specified day or until further order; or varying the order in any specified particular. (sec.31-ssec.2) An application under subsection (1) shall be heard by the court for the place where payments under the order are 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.31-ssec.3) An order shall not be discharged, suspended, or varied under this division unless the court is satisfied— 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 that new facts or circumstances have arisen that have not previously been disclosed to a court and that by reason of those facts or circumstances it is reasonable to discharge, suspend or vary the order; or 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 and that were not and could not by the exercise of reasonable diligence have previously been known to the party presently seeking the discharge, suspension, or variation of the order, and that by reason of those facts or circumstances it is reasonable to discharge, suspend or vary the order. (sec.31-ssec.4) An order— that is in force under this part may be— discharged, suspended, or varied as from any past or future day; or suspended in respect of any past or future period; or that has ceased to have effect, may be discharged, suspended, or varied from any past day, or suspended in respect of any past period; specified in the order that effects the discharge, suspension, or variation. (sec.31-ssec.5) The fact that the defendant is in default in complying with an order shall not preclude the discharge, suspension, or variation of that order. (sec.31-ssec.5A) However, where under this Act proceedings for enforcement have been instituted in respect of a maintenance order enforceable under this Act, an application for discharge, suspension or variation of that order shall not be made, by or on behalf of the person against whom that order was made, prior to the completion of those proceedings for enforcement. (sec.31-ssec.6) Notwithstanding subsection (3) an order that is in force under this part may, subject to this subsection and subsections (7) to (9) , be discharged, suspended or varied by the court where the parties to the application consent to the terms and conditions of a discharge, suspension or, as the case may be, variation and inform the court of that consent. (sec.31-ssec.7) A court shall not make an order under subsection (6) unless the parties to the application— appear before the court in person or are represented before it by counsel or solicitor; and adduce, by admissions made orally or in writing, evidence of the facts and circumstances upon which that order is to be based. (sec.31-ssec.8) The court may, in its discretion, refuse to make the order sought by the parties whereupon— the hearing upon the application shall commence de novo, and in such case evidence of admissions made for the purpose of obtaining an order by consent under subsection (6) shall not be admissible at that hearing; or with the consent of the parties to the application the court may proceed to hear and determine the application. (sec.31-ssec.9) Any oral admission made under subsection (7) shall be recorded by the court and if an order is made by consent under subsection (6) become part of the record of that consent proceeding. - (a) discharging the order; or - (b) suspending the order in whole or in part until a specified day or until further order; or - (c) varying the order in any specified particular. - (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. - (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 new facts or circumstances have arisen that have not previously been disclosed to a court and that by reason of those facts or circumstances it is reasonable to discharge, suspend or vary the order; or - (c) 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 and that were not and could not by the exercise of reasonable diligence have previously been known to the party presently seeking the discharge, suspension, or variation of the order, and that by reason of those facts or circumstances it is reasonable to discharge, suspend or vary the order. - (a) that is in force under this part may be— (i) discharged, suspended, or varied as from any past or future day; or (ii) suspended in respect of any past or future period; or - (i) discharged, suspended, or varied as from any past or future day; or - (ii) suspended in respect of any past or future period; or - (b) that has ceased to have effect, may be discharged, suspended, or varied from any past day, or suspended in respect of any past period; - (i) discharged, suspended, or varied as from any past or future day; or - (ii) suspended in respect of any past or future period; or - (a) appear before the court in person or are represented before it by counsel or solicitor; and - (b) adduce, by admissions made orally or in writing, evidence of the facts and circumstances upon which that order is to be based. - (a) the hearing upon the application shall commence de novo, and in such case evidence of admissions made for the purpose of obtaining an order by consent under subsection (6) shall not be admissible at that hearing; or - (b) with the consent of the parties to the application the court may proceed to hear and determine the application.