Family Law
What Can Be Done When a Maintenance Order Is Not Followed?
Arrears, enforcement and the distinction between recovery and variation.
Identify the order and arrears
Check the amount, commencement, payment period and conditions. List missed instalments and credit actual payments. Voluntary spending or a different payment does not automatically substitute for maintenance; its purpose and the order’s terms matter.
Use the appropriate procedure
Family Law, Cap. 6 and the special maintenance enforcement rules must be considered together. The order and debtor’s circumstances affect the available route. Non-payment does not automatically entail imprisonment. Enforcement and variation are different applications.
Contact disputes do not cancel payment
A contact dispute or reduced income does not automatically discharge the order. Seek variation where appropriate. For enforcement, prepare the order, arrears schedule and payment evidence without using the child’s needs as bargaining leverage.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.