Q&As

Can arrears of maintenance more than 12-months old be enforced? Do time limits also apply to an order for periodical payments for a child?

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Published by a LexisNexis Family expert
Published on: 21 September 2018
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Section 32(1) of the Matrimonial Causes Act 1973 (MCA 1973) provides that:

‘A person shall not be entitled to enforce through the High Court or [the family court] the payment of any Arrears due under an order for Maintenance pending suit, an interim order for Maintenance or any financial provision order without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun.’

MCA 1973, s 32(1) is not limited to provision for a spouse.

The court has a general discretion

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Arrears definition
What does Arrears mean?

Sums reserved in a lease which a tenant fails to pay on the due date. A right to forfeit may be reserved in a lease once sums have been outstanding for a specified period of time.

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