C1C2C3 Part II Reciprocal Enforcement of Claims for the Recovery of Maintenance

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 25-39) applied (with modifications) (5.4.1993) by The Recovery of Maintenance (United States of America) Order 1993 (S.I. 1993/591), art.3(1)

C3

Pt. II applied (with modifications) (1.10.2007) by The Recovery of Maintenance (United States of America) Order 2007 (S.I. 2007/2006), arts. 1(2), 3 (with arts. 4, 5) (as amended by S.I. 2014/879, arts. 1(1), 118)

Application by person in convention country for recovery of maintenance in England, Wales or Northern Ireland

F127C Applications to which section 27A applies: general.

1

This section applies where F2the family court makes an order on an application to which section 27A of this Act applies.

F32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The court F4may, at the same time that it makes the order, exercise one of its powers under subsection (4) below.

4

Those powers are—

a

the power to order that payments under the order be made directly to F5the court;

b

the power to order that payments under the order be made to F5the court, by such method of payment falling within section F61(5) of the Maintenance Enforcement Act 1991 (standing order, etc.) as may be specified;

c

the power to make an attachment of earnings order under the Attachment of Earnings Act 1971 to secure payments under the order.

5

In deciding F7whether to exercise any of its powers under subsection (4) above F8... , the court shall have regard to any representations made by the person liable to make payments under the order.

6

F9Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 (power of court to require debtor to open account) shall apply for the purposes of subsection (4) above as it applies for the purposes of that section, but as if for paragraph (a) there were substituted—

”

the court proposes to exercise its power under paragraph (b) of section 27C(4) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, and”.

7

The F10... court shall register the order in the prescribed manner F11... .