There are a number of provisions in the law for ensuring that payments continue to be made by spouses in support of their dependent spouses and children. They include enabling powers for the courts to order attachment of the earnings of a debtor spouse, to order the securing of payments to the maintenance creditor, to order the payment of lump sums and to order arrears of maintenance to be paid by instalments.
A High Court judgment last year had implications for sections 6 (imprisonment in the case of non-payment of debt) and 8 (imprisonment relating to non-payment of maintenance) of the Enforcement of Court Orders Act 1940. The Enforcement of Court Orders (Amendment) Act 2009 made changes to both sections consequent on that judgment in accordance with legal advice. While the law generally operates successfully in this area my attention has been drawn to the fact that difficulties have arisen in some cases. As a result, I have published proposals for the better enforcement of maintenance orders. These proposals are contained in the Civil Law (Miscellaneous Provisions) Bill 2010 which is currently before the House.