Q&As

Can arrears of maintenance under a periodical payments order made in the Family Court be enforced using the ‘Money Claim Online’ process rather than via the Family Court in which the order was made?

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Published on LexisPSL on 05/10/2020

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

  • Can arrears of maintenance under a periodical payments order made in the Family Court be enforced using the ‘Money Claim Online’ process rather than via the Family Court in which the order was made?

Can arrears of maintenance under a periodical payments order made in the Family Court be enforced using the ‘Money Claim Online’ process rather than via the Family Court in which the order was made?

‘Money Claim Online’ is a scheme set out in the Civil Procedure Rules 1998 (CPR), specifically CPR PD 7E, which supplements CPR 7 (How to start proceedings—the claim form). CPR PD 7E, para 1.2 states that ‘This practice direction enables claimants…to start certain types of County Court claims by requesting the issue of a claim form electronically via Her Majesty’s Courts and Tribunals Service website’ (emphasis added).

CPR 2.1(1) states that the CPR apply to all proceedings in:

  1. the County Court

  2. the High Court, and

  3. the Civil Division of the Court of

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