The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007

Enforcement of maintenance order registered in United Kingdom court

8.—(1) Subject to subsection (2) below, a registered order may be enforced in the United Kingdom as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.

(2) Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(3) Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the appropriate officer of the registering court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3A) In subsection (3) above “appropriate officer” means—

(a)in relation to a magistrates’ court in England and Wales, the designated officer for the court;

(b)in relation to a magistrates’ court in Northern Ireland, the collecting officer of the court, being the officer mentioned in Article 85(4) of the Magistrates’ Courts (Northern Ireland) Order 1981; and

(c)in relation to a court elsewhere, the clerk of the court.

(4) An order which by virtue of this section is enforceable by a magistrates’ court shall, subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (4A) and (4B) below, and subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in subsection (4C) below, be enforceable as if it were a magistrates’ courts maintenance order made by that court.

In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the Magistrates’ Courts Act 1980.

(4A) Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—

“(4) Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.

(5) The powers of the court are—

(a)the power to order that payments under the order be made directly to the designated officer for the court or for any other magistrates’ court;

(b)the power to order that payments under the order be made to the designated officer for the court or for any other magistrates’ court] by such method of payment falling within section 59(6) above (standing order, etc) as may be specified;

(c)the power to make an attachment of earnings order under the Attachment of Earnings Act 1971 to secure payments under the order.

(6) In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above).

(7) Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

“(a)the court proposes to exercise its power under paragraph (b) of section 76(5) below, and”.”

(4B) In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—

“(b)if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (b) of section 76(5) above.”

(4C) Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 (enforcement of orders for periodical payment of money) shall have effect—

(a)as if for paragraph (7)(a) there were substituted the following paragraph—

“(a)if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (8C)(b)”;”

(b)as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—

“(8B) Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).

(8C) The powers mentioned in paragraph (8B) are—

(a)the power to order that payments under the order be made directly to the collecting officer;

(b)the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) (standing order, etc) as may be specified;

(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.

(8D) In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).

(8E) Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

“(a)the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and”.”

(5) The magistrates’ court by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing or facilitating the enforcement of the order as may be prescribed.

(6) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent to the prescribed officer of the court shall be evidence of the facts stated therein.

(7) Sums of money payable under a registered order shall be payable in accordance with the order as from the date on which the order was made.

(8) In the application of this section to Scotland—

(a)subsections (2) to (5) shall be omitted; and

(b)in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”.