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In forceAmended2020 Revised Edition
Contents

Part 9 · Enforcement of Maintenance Orders

91E. Duty to comply with attachment of earnings order

Amended

Last amended by an amending law of 2023.

(1)

A person to whom an attachment of earnings order is directed must, despite anything in any other written law but subject to the provisions of this Subdivision, comply with the order or, if the order is subsequently varied under section 91D(1), with the order as so varied.

(2)

Where, on any occasion on which earnings fall to be paid to a respondent, there are in force 2 or more attachment of earnings orders relating to those earnings, then, for the purpose of complying with subsection (1), the person to whom those orders are directed must —

(a)

deal with those orders according to the respective dates on which they came into force, disregarding any later order until all earlier orders have been dealt with; and

(b)

deal with any later order as if the earnings to which it relates were the residue of the respondent’s earnings after the making of any payment pursuant to any earlier order.

(3)

A person who makes a payment pursuant to an attachment of earnings order must give to the respondent a statement in writing specifying the amount of that payment.

(4)

A person to whom an attachment of earnings order is directed who, at the time when a copy of the order is served on the person, is not and has not during the period of one month immediately preceding that time been the respondent’s employer must forthwith give notice in writing to that effect in the prescribed form to the court which made the order.

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules