Women’s Charter 1961 · s 91O

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—(1) Where a court has specified a term of imprisonment under section 81(2)(d) or (4)(a)(ii) in respect of a respondent, the court may sentence the respondent to imprisonment if —(a)the respondent fails to prove to the satisfaction of the court, by any date specified under section 81(2)(c) or (4)(a)(i) in respect of an amount to be paid, that the respondent has paid that amount by the date specified in the order under section 81(2)(b) or (4)(a)(i)(A) (as the case may be) for payment of that amount; and(b)the court is satisfied that the respondent has shown no good cause for his or her failure mentioned in paragraph (a).(2) The sentence of imprisonment given under subsection (1) must not exceed the term of imprisonment specified under section 81(2)(d) or (4)(a)(ii).(3) To avoid doubt, an exercise of the power under section 81(10)(b) or (c) by a court in respect of only part of a payment does not affect the court’s power to sentence the respondent to imprisonment under subsection (1) in respect of any other part of the payment.(4) For the purposes of determining whether an amount has been paid under subsection (1), any payment of maintenance by the respondent is to be treated as payment towards the satisfaction of —(a)first — any maintenance arrears required to be proved to be paid under section 81(2)(c) or (4)(a)(i), as the case may be; and(b)second — any payable maintenance required to be proved to be paid under section 81(2)(c) or (4)(a)(i), as the case may be.(5) A sentence of imprisonment imposed on a respondent under subsection (1) does not affect or diminish the obligation of the respondent to pay any amount to be paid under the maintenance order that he or she has failed to pay.
Where a court has specified a term of imprisonment under section 81(2)(d) or (4)(a)(ii) in respect of a respondent, the court may sentence the respondent to imprisonment if —(a)the respondent fails to prove to the satisfaction of the court, by any date specified under section 81(2)(c) or (4)(a)(i) in respect of an amount to be paid, that the respondent has paid that amount by the date specified in the order under section 81(2)(b) or (4)(a)(i)(A) (as the case may be) for payment of that amount; and(b)the court is satisfied that the respondent has shown no good cause for his or her failure mentioned in paragraph (a).
The sentence of imprisonment given under subsection (1) must not exceed the term of imprisonment specified under section 81(2)(d) or (4)(a)(ii).
To avoid doubt, an exercise of the power under section 81(10)(b) or (c) by a court in respect of only part of a payment does not affect the court’s power to sentence the respondent to imprisonment under subsection (1) in respect of any other part of the payment.
For the purposes of determining whether an amount has been paid under subsection (1), any payment of maintenance by the respondent is to be treated as payment towards the satisfaction of —(a)first — any maintenance arrears required to be proved to be paid under section 81(2)(c) or (4)(a)(i), as the case may be; and(b)second — any payable maintenance required to be proved to be paid under section 81(2)(c) or (4)(a)(i), as the case may be.
A sentence of imprisonment imposed on a respondent under subsection (1) does not affect or diminish the obligation of the respondent to pay any amount to be paid under the maintenance order that he or she has failed to pay.

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s 91OImprisonment for breaching show‑payment order

(1)

Where a court has specified a term of imprisonment under section 81(2)(d) or (4)(a)(ii) in respect of a respondent, the court may sentence the respondent to imprisonment if —

(a)

the respondent fails to prove to the satisfaction of the court, by any date specified under section 81(2)(c) or (4)(a)(i) in respect of an amount to be paid, that the respondent has paid that amount by the date specified in the order under section 81(2)(b) or (4)(a)(i)(A) (as the case may be) for payment of that amount; and

(b)

the court is satisfied that the respondent has shown no good cause for his or her failure mentioned in paragraph (a).

(2)

The sentence of imprisonment given under subsection (1) must not exceed the term of imprisonment specified under section 81(2)(d) or (4)(a)(ii).

(3)

To avoid doubt, an exercise of the power under section 81(10)(b) or (c) by a court in respect of only part of a payment does not affect the court’s power to sentence the respondent to imprisonment under subsection (1) in respect of any other part of the payment.

(4)

For the purposes of determining whether an amount has been paid under subsection (1), any payment of maintenance by the respondent is to be treated as payment towards the satisfaction of —

(a)

first — any maintenance arrears required to be proved to be paid under section 81(2)(c) or (4)(a)(i), as the case may be; and

(b)

second — any payable maintenance required to be proved to be paid under section 81(2)(c) or (4)(a)(i), as the case may be.

(5)

A sentence of imprisonment imposed on a respondent under subsection (1) does not affect or diminish the obligation of the respondent to pay any amount to be paid under the maintenance order that he or she has failed to pay.