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Child Maintenance Act (Northern Ireland) 2008

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This is the original version (as it was originally enacted).

Commitment to prison

This section has no associated Explanatory Notes

20.—(1) In Article 37 of the Child Support Order (commitment to prison), before paragraph (3) insert—

“(2A) The Department may apply to the court for the issue of a warrant committing a person to prison where—

(a)it has sought to recover an amount from the person by virtue of Article 35;

(b)the whole or any part of the amount remains unpaid; and

(c)the Department is of the opinion that there has been wilful refusal or culpable neglect on the part of the person from whom it has sought to recover the amount (“the liable person”).

(2B) On an application under paragraph (2A) the court shall (in the presence of the liable person) inquire as to—

(a)the liable person’s means; and

(b)whether there has been wilful refusal or culpable neglect on the part of the liable person.

(2C) On an application under paragraph (2A) the court shall not question—

(a)the liability order by reference to which the Department acted as mentioned in sub-paragraph (a) of that paragraph; or

(b)the maintenance calculation by reference to which that liability order was made.”.

(2) For paragraph (10) of that Article, substitute—

“(10) On acting as mentioned in paragraph (3), the court may order the liable person to be searched.

(10A) Any money found on such a search shall, unless the court otherwise directs, be applied towards payment of the relevant amount; and the balance (if any) shall be returned to the person searched.

(10B) The reference in paragraph (10A) to the relevant amount is—

(a)where the order under paragraph (10) is made by virtue of the court acting under paragraph (3)(a), to the amount mentioned in paragraph (4)(a);

(b)where the order under paragraph (10) is made by virtue of the court acting under paragraph (3)(b), to the amount mentioned in paragraph (4)(a)(i).

(10C) The court shall not allow the application under paragraph (10A) of money found on a search under paragraph (10) if it is satisfied that the money does not belong to the person searched.”.

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