Payment of
certain arrears unenforceable without the leave of the court,
1970 c. 45, ». E
Power of court
to order sums paid under certain orders to be repaid
in certain cases. 1971 c. 45, », 11,
12
application relates and, where the party against whom that order was made has died, the changed circumstances resulting from his or ber death.
(8) The personal representatives of a deceased person against whom any such order as is referred to in subsection (6) was made shall not be liable for having distributed any part of the estate of the deceased after the expiration of the period of six months referred to in that subsection on the ground that they ought to have taken into account the possibility that the court might permit an application under this section to be made after that period by the person entitled to payments under the order; but this subsec- tion shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this section.
(9) In considering for the purposes of subsection (6) the question when representation was first taken out, a grant limited to trust property shall be left out of account and a grant limited to real estate or lo personal estate shall be left out of account unless a grant limited to the remainder of the estate has pre- viously been made or is made at the same time.
12. (1) A person shall not be entitled to enforce through the court the payment of any arrears duc under an order made by virtue of section 3, 4(1), 5(2), 8(5) or 8(6) without the leave of the court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun.
(2) The court hearing an application for the grant of leave under this section may refuse leave, or may grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment of the making of payment by instal- ments) as that court thinks proper, or may remit the payment of such arrears or of any part thereof.
(3) An application for the grant of leave under this section shall be made in such manner as may be prescribed by rules of
Court,
13. (1) Where on an application made under this section in relation to an order to which this section applies it appears to the court that by reason of
(a) a change in the circumstances of the person entitled to. or liable to make, payments under the order since the order was made, or
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(b) the changed circumstances resulting from the death of
the person so 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 applica- tion to pay to the applicant such sum, not exceeding the amount of the excess, as the court thinks just.
(2) 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.
(3) An application under this section may be made in pro- ceedings in the Supreme Court or the District Court for-
(a) the variation or discharge of the order to which this
section appliest or
(b) leave to enforce, or the enforcement of, the payment of
arreers under that order;
but other applications under this section shall be made to the District Court.
(4) An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
(5) This section applies to an order made by virtue of section 3, 4(1)a) or (b), 5(2)(a) or (b), 8(5) or 8(6)a) or (b). (d) or (e).
14. (1) If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements then-
(a) that provision shall be void; but
(b) any other financial arrangements contained in the agree- ment shall not thereby be rendered void or unenforceable and shall, unless they are void or unenforceable for any other reason (and subject to sections 15 and 16), be binding on the parties to the agreement.
Validity of maintenance agreements. 1970 c. 45. 1. 19.