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Child Support Act 1991

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This is the original version (as it was originally enacted).

31Deduction from earnings orders

(1)This section applies where any person (“the liable person”) is liable to make payments of child support maintenance.

(2)The Secretary of State may make an order (“a deduction from earnings order”) against a liable person to secure the payment of any amount due under the maintenance assessment in question.

(3)A deduction from earnings order may be made so as to secure the payment of—

(a)arrears of child support maintenance payable under the assessment;

(b)amounts of child support maintenance which will become due under the assessment; or

(c)both such arrears and such future amounts.

(4)A deduction from earnings order—

(a)shall be expressed to be directed at a person (“the employer”) who has the liable person in his employment; and

(b)shall have effect from such date as may be specified in the order.

(5)A deduction from earnings order shall operate as an instruction to the employer to—

(a)make deductions from the liable person’s earnings; and

(b)pay the amounts deducted to the Secretary of State.

(6)The Secretary of State shall serve a copy of any deduction from earnings order which he makes under this section on—

(a)the person who appears to the Secretary of State to have the liable person in question in his employment; and

(b)the liable person.

(7)Where—

(a)a deduction from earnings order has been made; and

(b)a copy of the order has been served on the liable person’s employer,

it shall be the duty of that employer to comply with the order; but he shall not be under any liability for non-compliance before the end of the period of 7 days beginning with the date on which the copy was served on him.

(8)In this section and in section 32 “earnings” has such meaning as may be prescribed.

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