What happens if Maintenance is not paid?

Posted under News Updates on 16 March 2016
  • The wife can formally apply to the Court to obtain a Maintenance Order which will formally order the husband to provide maintenance to her and their children
  • Once a Court has ordered the husband to provide maintenance, he will be liable to be prosecuted for an offence punishable by imprisonment if he fails to comply with the Court’s order to make maintenance payments
    • The husband will still be required to pay maintenance even if he has already been prosecuted and punished for the non-compliance of the Court order
  • The Court may also order that the maintenance payments be obtained from the husband in the following ways:
    • Garnishee Order: a bank or third party will be ordered to pay monies from the husband’s account or funds to pay for the maintenance
    • Attachment of Earnings Order: the husband’s employer will be ordered to retain a portion of his salary to pay for the maintenance

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