Section 9 of the Family Law (Maintenance of Spouses and Children) Act 1976 provides that, where any court makes a maintenance order under that Act, the court shall direct that payments under the order shall be made to a District Court clerk unless the maintenance creditor requests otherwise and the court considers that it would not be proper to so direct. Where payments to the District Court clerk are in arrears, the clerk shall, if requested to do so by the maintenance creditor, take such steps as the clerk considers reasonable to recover the sums in arrears whether by proceeding for an attachment of earnings order or otherwise. Section 10 of the 1976 Act, as amended, provides for the making of an attachment of earnings order in the same proceedings in which a court makes either a maintenance order under that Act or a range of other orders including periodical payments orders on the occasion of divorce or judicial separation.
Substantial powers are available to enforce maintenance orders. Moreover, the procedures involved are of a summary nature and are designed to keep costs to a minimum. If the Deputy has a particular situation in mind I would appreciate if he would let me know about it so that, if necessary, I can consider whether any change in the law is warranted.
