Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010


Transmission of payments through District Court clerk.

50.— (1) Where the court makes a maintenance order, a variation order or an interim order, the court shall—

( a) direct that payments under the order be made to the District Court clerk, unless the maintenance creditor requests the court not to do so and the court considers that it would be proper not to do so, and

( b) in a case in which the court has not given a direction under paragraph (a) , direct, at any time after making the order and on the application of the maintenance creditor, that the payments be made to the District Court clerk.

(2) Where payments to the District Court clerk under this section are in arrear, the District Court clerk shall, if the maintenance creditor so requests in writing, take the steps that he or she considers reasonable in the circumstances to recover the sums in arrear whether by proceedings for an attachment of earnings order or otherwise.

(3) The court, on the application of the maintenance debtor and having afforded the maintenance creditor an opportunity to oppose the application, may discharge a direction under subsection (1), if satisfied that, having regard to the record of the payments made to the District Court clerk and all the other circumstances, it would be proper to do so.

(4) The District Court clerk shall transmit any payments made by virtue of this section to the maintenance creditor.

(5) Nothing in this section affects any right of a person to take proceedings in his or her own name for the recovery of a sum payable, but not paid, to the District Court clerk by virtue of this section.

(6) References in this section to the District Court clerk are references to the District Court clerk in the District Court district that may be determined from time to time by the court concerned.