Family Law (Maintenance of Spouses and Children) Act 1976

Enforcement.

20

20.(1) Where, without reasonable excuse, a person—

(a) fails to comply with subsection (1) or (2) of section 11 or section 14 or an order under section 13 or section 17 (2) of this Act, or

(b) gives to a Court a statement pursuant to section 13 (1) of this Act, or a notification under section 14 of this Act, that is false or misleading,

and a maintenance creditor as a result fails to obtain a sum of money due under an attachment of earnings order, that sum may be sued for as a simple contract debt in any court of competent jurisdiction by the maintenance creditor or the District Court clerk to whom such sum falls to be paid, and that court may order the person to pay to the person suing such amount (not exceeding the sum aforesaid) as in all the circumstances the court considers proper for distribution in such manner and in such amounts as the court may specify amongst the persons for whose benefit the attachment of earnings order was made.

(2) Where a person gives to a Court—

(a) a statement pursuant to section 13 of this Act, or

(b) a notification under section 14 of this Act,

that is to his knowledge false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both.

(3) A person who contravenes section 11 (3) of this Act shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

Annotations

Editorial Notes:

E17

The fine specified in subs. (2) was converted to a Class C fine (4.01.2011) by Fines Act 2010 (8/2010), s. 6(2), S.I. No. 662 of 2010.

E18

The fine specified in subs. (3) was converted to a Class E fine (4.01.2011) by Fines Act 2010 (8/2010), s. 8(2), S.I. No. 662 of 2010.