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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