Q&As

Where an attachment of earnings order has been unsuccessful due to the debtor leaving their job, can another method of enforcement be applied for to enforce arrears of maintenance such as third party debt order?

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Published on LexisPSL on 16/10/2019

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

  • Where an attachment of earnings order has been unsuccessful due to the debtor leaving their job, can another method of enforcement be applied for to enforce arrears of maintenance such as third party debt order?

Where an attachment of earnings order has been unsuccessful due to the debtor leaving their job, can another method of enforcement be applied for to enforce arrears of maintenance such as third party debt order?

The rules governing enforcement of orders within family proceedings are primarily contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33, which imports the relevant provisions of the Civil Procedure Rules 1998, SI 1998/3132 (CPR), with modifications. In accordance with FPR 2010, SI 2010/2955, 33.2, CPR 70.2(2) applies to family proceedings and provides that:

‘(2) A judgment

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