Q&As

In the context of a judgment summons hearing in family proceedings where the default relates to non-payment of spousal maintenance, is the judgment creditor formally required to attend the hearing in person?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 13/08/2019

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In the context of a judgment summons hearing in family proceedings where the default relates to non-payment of spousal maintenance, is the judgment creditor formally required to attend the hearing in person?

In the context of a judgment summons hearing in family proceedings where the default relates to non-payment of spousal maintenance, is the judgment creditor formally required to attend the hearing in person?

A judgment summons is a procedure for the enforcement of a debt pursuant to a court order, for example the arrears of spousal maintenance. In the context of family law, only an order for periodical or other payments made, or having effect as if made, under Part II of the Matrimonial Causes Act 1973, are enforceable by way of judgment summons. A fairly wide meaning has been attributed to the words ‘having effect as if…’, with orders for payment of school fees and for costs having been encompassed by this definition (Migliaccio v Migliaccio).

Under the remedy of a judgment summons, the court has the power to imprison a debtor for up to six weeks if the debtor has or has had the means to pay the amount owing

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