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 on LexisPSL on 21/09/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • 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?

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?

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

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