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What is the difference between an application for a means of payment order and an application for ‘such a method of enforcement as the court considers appropriate'? In what circumstances would you apply for each?

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Published on LexisPSL on 15/07/2016

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  • What is the difference between an application for a means of payment order and an application for ‘such a method of enforcement as the court considers appropriate'? In what circumstances would you apply for each?

What is the difference between an application for a means of payment order and an application for ‘such a method of enforcement as the court considers appropriate'? In what circumstances would you apply for each?

A means of payment order may only be made in relation to a ‘qualifying maintenance order’, generally a periodical payments order (final or interim). A lump sum order payable by instalments also falls into the definition of a qualifying maintenance order. A list of all orders in relation to which a means of payment order may be made is set out in Schedule 8 to the Administration of Justice Act 1970. See also Practice Note: Periodical payments—means of payment order.

Where an order does not fall within the definition of a qualifying maintenance order (for example a property adjustment order, or a lump sum that is not payable by instalments), a means of

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