CAP. 141 (b) (c) (d) (e) (f) Children [Rev. 2012] order the remission of the arrears, but the court shall not make an order of this nature without prior notice to the child, or the person or institution as the case may be, in favour of whom the maintenance order or contribution order has been made and without allowing them a reasonable opportunity to make representations; issue a warrant for distress on the respondent’s property forthwith or postpone the issue of the warrant until such time as the court may direct, or on such conditions as the court may deem fit and order the attachment of the respondent’s earnings including any pension payable to the defaulter if the court is satisfied that— (i) the failure to make payment was due to the wilful refusal or culpable neglect of the respondent; and (ii) the respondent is gainfully employed or is engaged in some business enterprise or undertaking or owns property from which he derives an income: Provided that the court shall not, unless special circumstances exist, make an order for the attachment of the respondent’s earnings in an amount which shall exceed more than 45% of the respondent’s annual income in any period of twelve months; order the detention, attachment, preservation or inspection of any property of the respondent and, for all or any of the purposes aforesaid, authorise such person, as the court may deem fit, to enter upon any land or building in which the respondent has an interest whether in the possession or control of the defaulter or not; subject to the rights of a bona fide purchaser for value without notice, set aside any disposition of any property belonging to the respondent from which any income has occurred and on an application, the court may make orders for the re-sale of the said property to any person and may direct the proceeds of such sale to be applied to the settlement of any arrears of maintenance monies and to the payment of future maintenance monies for the child concerned; restrain by way of an injunction the disposition, wastage or damage of any property belonging to the respondent. (6) The court shall not make an order under subsection (5)paragraph (c), (d), (e) or (f) unless satisfied that— (a) the respondent has wilfully and deliberately concealed or misled the court or any person appointed or directed to carry out enquiries under subsection (4) of this section as to the true nature and extent of his earnings or income; or (b) the respondent, with the intent to obstruct or delay the execution of any order that may be passed against him under this section or with the object of reducing his means to provide maintenance for the child — (i) is about to dispose of most or the whole of his property; or (ii) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court; or [Issue 1] C15 - 46

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