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The Child Support(Northern Ireland) Order 1991

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This is the original version (as it was originally made).

Liability orders

33.—(1) This Article applies where—

(a)a person who is liable to make payments of child support maintenance (“the liable person”) fails to make one or more of those payments; and

(b)it appears to the Department that—

(i)it is inappropriate to make a deduction from earnings order against him (because, for example, he is not employed); or

(ii)although such an order has been made against him, it has proved ineffective as a means of securing that payments are made in accordance with the maintenance assessment in question.

(2) The Department may apply to a court of summary jurisdiction for an order (“a liability order”) against the liable person.

(3) Where the Department applies for a liability order, the court of summary jurisdiction shall make the order if satisfied that the payments in question have become payable by the liable person and have not been paid.

(4) On an application under paragraph (2), the court shall not question the maintenance assessment under which the payments of child support maintenance fell to be made.

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