Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

186

Enforcement.

186.— (1) A maintenance creditor who fails to obtain a sum of money due under an attachment of earnings order, or the clerk to whom the sum falls to be paid, may sue for the sum as a simple contract debt in any court of competent jurisdiction, if the failure to obtain the sum is caused by—

(a) a person failing, without reasonable excuse, to comply with section 177(3) or (4), or 180 , or an order under section 179 or 183 (2), or

(b) a person, without reasonable excuse, giving a false or misleading statement under section 179(1) or notification under section 180.

(2) A person who gives to a court a statement pursuant to section 179 or a notification under section 180 that he or she knows to be false or misleading commits an offence and is liable on summary conviction to F72[a class C fine] or to imprisonment for a term not exceeding six months or to both.

(3) A person who contravenes section 177(3) commits an offence and is liable on summary conviction to F73[a class E fine].

Annotations

Amendments:

F72

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 61(d)(i), commenced on enactment. A class C fine means a fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.

F73

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 61(d)(ii), commenced on enactment. A class E fine means a fine not greater than €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(1), S.I. No. 662 of 2010.