Women’s Charter 1961 · s 91B

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—(1) For the purposes of this Part, each of the following is a maintenance enforcement order:(a)a warrant directing that maintenance arrears be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court;(b)an order sentencing the respondent to imprisonment for maintenance arrears as at the time the maintenance enforcement application in question is made;(c)an order for attachment of a debt made in accordance with the Family Justice Rules;(d)an order requiring the respondent to furnish security against any future default in maintenance payments by means of a banker’s guarantee;(e)an order requiring the respondent to undergo financial counselling or any other similar or related programme that the court may direct if the court considers it in the interests of the parties in the maintenance enforcement proceedings or their children to do so;(f)a community service order requiring the respondent to perform unpaid community service;(g)an attachment of earnings order.(2) To avoid doubt —(a)an order mentioned in subsection (1)(d), (e) or (f) may be made on a maintenance enforcement application even though any maintenance arrears as at the time of making of the application have been paid up in part or in whole by the time the order is made; and(b)an order mentioned in subsection (1)(e) or (f) may be made on a maintenance enforcement application even though the respondent is no longer liable to make any payment under the maintenance order in question by the time the order is made.
For the purposes of this Part, each of the following is a maintenance enforcement order:(a)a warrant directing that maintenance arrears be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court;(b)an order sentencing the respondent to imprisonment for maintenance arrears as at the time the maintenance enforcement application in question is made;(c)an order for attachment of a debt made in accordance with the Family Justice Rules;(d)an order requiring the respondent to furnish security against any future default in maintenance payments by means of a banker’s guarantee;(e)an order requiring the respondent to undergo financial counselling or any other similar or related programme that the court may direct if the court considers it in the interests of the parties in the maintenance enforcement proceedings or their children to do so;(f)a community service order requiring the respondent to perform unpaid community service;(g)an attachment of earnings order.
To avoid doubt —(a)an order mentioned in subsection (1)(d), (e) or (f) may be made on a maintenance enforcement application even though any maintenance arrears as at the time of making of the application have been paid up in part or in whole by the time the order is made; and(b)an order mentioned in subsection (1)(e) or (f) may be made on a maintenance enforcement application even though the respondent is no longer liable to make any payment under the maintenance order in question by the time the order is made.

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s 91BMeaning of “maintenance enforcement order”

(1)

For the purposes of this Part, each of the following is a maintenance enforcement order:

(a)

a warrant directing that maintenance arrears be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court;

(b)

an order sentencing the respondent to imprisonment for maintenance arrears as at the time the maintenance enforcement application in question is made;

(c)

an order for attachment of a debt made in accordance with the Family Justice Rules;

(d)

an order requiring the respondent to furnish security against any future default in maintenance payments by means of a banker’s guarantee;

(e)

an order requiring the respondent to undergo financial counselling or any other similar or related programme that the court may direct if the court considers it in the interests of the parties in the maintenance enforcement proceedings or their children to do so;

(f)

a community service order requiring the respondent to perform unpaid community service;

(g)

an attachment of earnings order.

(2)

To avoid doubt —

(a)

an order mentioned in subsection (1)(d), (e) or (f) may be made on a maintenance enforcement application even though any maintenance arrears as at the time of making of the application have been paid up in part or in whole by the time the order is made; and

(b)

an order mentioned in subsection (1)(e) or (f) may be made on a maintenance enforcement application even though the respondent is no longer liable to make any payment under the maintenance order in question by the time the order is made.