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In forceAmended2020 Revised Edition
Contents

Part 9 · Enforcement of Maintenance Orders

91O. Imprisonment for breaching show‑payment order

Amended

Last amended by an amending law of 2023.

(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.

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