sec.37Variation of order as to place of payment

### sec.37 Variation of order as to place of payment Subject to this section, so much of an order for or towards the maintenance of a person as relates to the place where payments under the order are required to be made may from time to time be varied upon application made to the court by— any person who may make an application under section 31 ; or the clerk of the court for the place where payments under the order are required to be made. An application under subsection (1) shall specify the place where it is desired that future payments under the order be made. The court, on an application under subsection (1) , may— determine the application without requiring the attendance of any person, including the applicant; or upon such terms as the court thinks fit—issue a notice directed to all persons to be affected thereby, calling upon them to show cause why the order should not be so varied. An application under subsection (1) shall— where the court determines the application without requiring the attendance of any person—be determined by the court for the place where payments under the order are required to be made; or where the court issues a notice under subsection (3) (b) —be heard by the court for the place where payments under the order are required to be made unless— the applicant and every person to whom a notice referred to in subsection (3) (b) is directed 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 the applicant or any such person, to a court sitting at another place. Where the court is satisfied that the order can be more conveniently enforced at the place specified pursuant to subsection (2) , the court may vary the order by directing that payments under the order shall, from a date specified by the court, be made to the clerk of the court for the place specified as aforesaid in the application, which place shall, from the date so specified and until the order is further varied under this section, be for all the purposes of this Act the place where payments under the order are required to be made. Where an order is varied under this section, the clerk of the court that varied the order shall send to the clerk of the court for the place where payments under the order are required, pursuant to the order of variation, to be made— all records in the clerk’s office relating to the order; and a copy, certified as a true copy by the clerk of the court that varied the order, of the order of variation; and the clerk of the court for the place where payments under the order are required, pursuant to the order of variation, to be made shall thereupon be the officer ordinarily having the custody of the records relating to the order. s 37 amd 2010 No. 42 s 214 sch (sec.37-ssec.1) Subject to this section, so much of an order for or towards the maintenance of a person as relates to the place where payments under the order are required to be made may from time to time be varied upon application made to the court by— any person who may make an application under section 31 ; or the clerk of the court for the place where payments under the order are required to be made. (sec.37-ssec.2) An application under subsection (1) shall specify the place where it is desired that future payments under the order be made. (sec.37-ssec.3) The court, on an application under subsection (1) , may— determine the application without requiring the attendance of any person, including the applicant; or upon such terms as the court thinks fit—issue a notice directed to all persons to be affected thereby, calling upon them to show cause why the order should not be so varied. (sec.37-ssec.4) An application under subsection (1) shall— where the court determines the application without requiring the attendance of any person—be determined by the court for the place where payments under the order are required to be made; or where the court issues a notice under subsection (3) (b) —be heard by the court for the place where payments under the order are required to be made unless— the applicant and every person to whom a notice referred to in subsection (3) (b) is directed 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 the applicant or any such person, to a court sitting at another place. (sec.37-ssec.5) Where the court is satisfied that the order can be more conveniently enforced at the place specified pursuant to subsection (2) , the court may vary the order by directing that payments under the order shall, from a date specified by the court, be made to the clerk of the court for the place specified as aforesaid in the application, which place shall, from the date so specified and until the order is further varied under this section, be for all the purposes of this Act the place where payments under the order are required to be made. (sec.37-ssec.6) Where an order is varied under this section, the clerk of the court that varied the order shall send to the clerk of the court for the place where payments under the order are required, pursuant to the order of variation, to be made— all records in the clerk’s office relating to the order; and a copy, certified as a true copy by the clerk of the court that varied the order, of the order of variation; and the clerk of the court for the place where payments under the order are required, pursuant to the order of variation, to be made shall thereupon be the officer ordinarily having the custody of the records relating to the order. - (a) any person who may make an application under section 31 ; or - (b) the clerk of the court for the place where payments under the order are required to be made. - (a) determine the application without requiring the attendance of any person, including the applicant; or - (b) upon such terms as the court thinks fit—issue a notice directed to all persons to be affected thereby, calling upon them to show cause why the order should not be so varied. - (a) where the court determines the application without requiring the attendance of any person—be determined by the court for the place where payments under the order are required to be made; or - (b) where the court issues a notice under subsection (3) (b) —be heard by the court for the place where payments under the order are required to be made unless— (i) the applicant and every person to whom a notice referred to in subsection (3) (b) is directed consent to the hearing of the application by a court sitting at another place; or (ii) the hearing of the application is adjourned, upon the application of the applicant or any such person, to a court sitting at another place. - (i) the applicant and every person to whom a notice referred to in subsection (3) (b) is directed consent to the hearing of the application by a court sitting at another place; or - (ii) the hearing of the application is adjourned, upon the application of the applicant or any such person, to a court sitting at another place. - (i) the applicant and every person to whom a notice referred to in subsection (3) (b) is directed consent to the hearing of the application by a court sitting at another place; or - (ii) the hearing of the application is adjourned, upon the application of the applicant or any such person, to a court sitting at another place. - (a) all records in the clerk’s office relating to the order; and - (b) a copy, certified as a true copy by the clerk of the court that varied the order, of the order of variation;