(IN CERTAIN CASES OF SUMS ARE PAID UNDER CERTAIN ORDERS)
Where on an application made to the court under section 33 of the Matrimonial Causes Act 1973, in relation to an order to which this section applies it appears to the court that by reason of;
- A change in the circumstances of the person entitled to, or liable to make, payments under the order since the order was made, or
- The changed circumstances resulting from the death of the persons liable,
The amount received by the person entitled to payments under the order in respect of a period after those circumstances changed or after the death of the person liable to make payments under the order, as the case may be, exceeds the amount which the person so liable or his or her personal representatives should have been required to pay, the court may order the respondent to the application to pay to the applicant such sum, not exceeding the amount of the excess, as the court thinks just.
Section 33 of the Matrimonial Causes Act 1973 applies to the following;
- Any order for maintenance pending suit and any interim order for maintenance,
- Any periodical payments order, and
- Any secured periodical payments order.
An application under this section may be made by the person liable to make payments under an order to which this section applies or his or her personal representatives and may be made against the person entitled to payments under the order or her or his personal representatives.
An application under this section may be made in proceedings in the High Court for the following;
- The variation or discharge of the order to which this section applies, or
- Leave to enforce, or the enforcement of, the payment of arrears under that order.
But when such application is not made in such proceedings, it shall be made to a lower court, and accordingly, references to this section are references to the High court or lower court as the circumstances require.
The jurisdiction conferred on the lower court by this section shall be exercisable notwithstanding that by reason of the amount claimed in the application the jurisdiction would not but for subsection 5 of section 33 of the Matrimonial Causes Act 1973 be exercisable by a lower court.
An order under section 33 for the payment of any sum may provide for the payment of that sum by installments of such amount as may be specified in the order.