Maintenance Enforcement Act 1991

JurisdictionUK Non-devolved
Citation1991 c. 17
(1) Where the High Court or F9the family court makes a qualifying periodical maintenance order, it may at the same time exercise either of its powers under subsection (4) below in relation to the order, whether of its own motion or on an application made under this subsection by an interested party.(1A) Where the family court makes a qualifying periodical maintenance order, it may at the same time exercise any of its powers under subsection (4A) below in relation to the order, whether of its own motion or on an application made under this subsection by an interested party.which requires money to be paid periodically by one person (“the debtor”) to another (“the creditor”) ; andwhich is a maintenance order;on an application made under this subsection by an interested party, orof its own motion, in the course of any proceedings concerning the order,on an application made under this subsection by an interested party, orof its own motion, in the course of any proceedings concerning the order,the power to order that payments required to be made by the debtor to the creditor under the qualifying periodical maintenance order in question shall be so made by such a method of payment falling within subsection (5) below as the court may specify in the particular case; orthe power, by virtue of this section, to make an attachment of earnings order under the the power to order that payments under the qualifying periodical maintenance order in question be made to the court;the power to order that payments under the qualifying periodical maintenance order in question required to be made to the court are to be so made by such method of payment falling within subsection (5) below as the court may specify in the particular case; orthe power to order that payments under the qualifying periodical maintenance order in question be made in accordance with arrangements for their collection made by the Secretary of State under section 30 of the Child Support Act 1991 and regulations made under that section.payment by standing order; orpayment by any other method which requires the debtor to give his authority for payments of a specific amount to be made from an account of his to an account of the creditor’s on specific dates during the period for which the authority is in force and without the need for any further authority from the debtorF14; or any method of payment specified in regulations made by the Lord Chancellor.the court proposes to exercise its power under paragraph (a) of subsection (4) aboveF15or under paragraph (b) of subsection (4A) above, andhaving given the debtor an opportunity of opening an account from which payments under the order may be made in accordance with the method of payment proposed to be ordered under that paragraph, the court is satisfied that the debtor has failed, without reasonable excuse, to open such an account,on an application made under this subsection by an interested party, orof its own motion, in the course of any proceedings concerning the qualifying periodical maintenance order,(8) In deciding whether to exercise any of its powers under this section the court in question having (if practicable) given every interested party an opportunity to make representations shall have regard to any representations made by any such party.(8A) No order made by the family court under subsection (4) or (4A) (a) or (b) above has effect at any time when the Secretary of State is, under section 30 of the Child Support Act 1991 and regulations made under that section, arranging for the collection of payments under the qualifying periodical maintenance order in question.any power under the

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