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The Family Law (Northern Ireland) Order 1993


This is the original version (as it was originally made).

16.  In section 5 (recognition and enforcement of maintenance orders)—

(a)in subsection (6) for the words “shall be enforceable” there shall be substituted “shall, subject to the modifications of Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 specified in subsection (6A) below, be enforceable”;

(b)after subsection (6) insert—

(6A) Article 98 (enforcement of sums adjudged to be paid) shall have effect—

(a)as if for paragraph (7)(a) there were substituted the following paragraph—

(a)if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (8C)(b);

(b)as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—

(8B) Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).

(8C) The powers mentioned in paragraph (8B) are—

(a)the power to order that payments under the order be made directly to the collecting officer;

(b)the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.

(8D) In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).

(8E) Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

(a)the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and..

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