Part 7E+WArrears and repayments
Enforcement etc. of orders for payment of moneyE+W
43E+WSection 32 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22) applies in relation to orders under this Schedule as it applies in relation to orders under Part 1 of that Act.
Orders for repayment after cessation of order because of subsequent civil partnership etc.E+W
44(1)Sub-paragraphs (3) and (4) apply if—E+W
(a)an order made under paragraph 2(1)(a) or Part 2 or 3 has, under paragraph 26(2), ceased to have effect because of the formation of a subsequent civil partnership or marriage by the party (“R”) in whose favour it was made, and
(b)the person liable to make payments under the order (“P”) made payments in accordance with it in respect of a relevant period in the mistaken belief that the order was still subsisting.
(2)“Relevant period” means a period after the date of the formation of the subsequent civil partnership or marriage.
(3)No proceedings in respect of a cause of action arising out of the circumstances mentioned in sub-paragraph (1)(a) and (b) is maintainable by P (or P’s personal representatives) against R (or R’s personal representatives).
(4)But on an application made under this paragraph by P (or P’s personal representatives) against R (or R’s personal representatives) [F1the family court] —
(a)may order the respondent to pay to the applicant a sum equal to the amount of the payments made in respect of the relevant period, or
(b)if it appears to the court that it would be unjust to make that order, may—
(i)order the respondent to pay to the applicant such lesser sum as it thinks fit, or
(ii)dismiss the application.
(5)An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
(6)An application under this paragraph—
(a)may [F2(but need not)] be made in proceedings F3... for leave to enforce, or the enforcement of, the payment of arrears under an order made under paragraph 2(1)(a) or Part 2 or 3, F4...
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4...
F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Subject to sub-paragraph (9)—
(a)[F6an officer of the family court] is not liable for any act done by him[F7, in pursuance of an order under paragraph 2(1)(a), or Part 2 or 3, requiring payments to be made to the court or an officer of the court,] after the date on which that order ceased to have effect because of the formation of a subsequent civil partnership or marriage by the person entitled to payments under it, and
(b)the collecting officer under an attachment of earnings order made to secure payments under [F8an order] under paragraph 2(1)(a), or Part 2 or 3, is not liable for any act done by him[F9, after the date on which that order ceased to have effect because of the formation of a subsequent civil partnership or marriage by the person entitled to payments under it,] in accordance with any enactment or rule of court specifying how payments made to him in compliance with the attachment of earnings order are to be dealt with.
(9)Sub-paragraph (8) applies if (but only if) the act—
(a)was one which he would have been under a duty to do had the order under paragraph 2(1)(a) or Part 2 or 3 not ceased to have effect, and
(b)was done before notice in writing of the formation of the subsequent civil partnership or marriage was given to him by or on behalf of—
(i)the person entitled to payments under the order,
(ii)the person liable to make payments under it, or
(iii)the personal representatives of either of them.
(10)In this paragraph “collecting officer”, in relation to an attachment of earnings order, means—
(a)the officer of the High Court, or
(b)the officer designated by the Lord Chancellor,
to whom a person makes payments in compliance with the order.
Textual Amendments
F1Words in Sch. 6 para. 44(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 197(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Words in Sch. 6 para. 44(6) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 197(3)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3Words in Sch. 6 para. 44(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 197(3)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4Words in Sch. 6 para. 44(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 197(3)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5Sch. 6 para. 44(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 197(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6Words in Sch. 6 para. 44(8)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 197(5)(a)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F7Words in Sch. 6 para. 44(8)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 197(5)(a)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F8Words in Sch. 6 para. 44(8)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 197(5)(b)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F9Words in Sch. 6 para. 44(8)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 197(5)(b)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)