Q&As

Where an order for spousal maintenance has been made and the payer delays paying the maintenance each month until they are chased, can an application for enforcement be made to ensure prompt payment?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 17/06/2019

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:

  • Where an order for spousal maintenance has been made and the payer delays paying the maintenance each month until they are chased, can an application for enforcement be made to ensure prompt payment?

Where an order for spousal maintenance has been made and the payer delays paying the maintenance each month until they are chased, can an application for enforcement be made to ensure prompt payment?

If the original order made within the financial remedy proceedings set a specific date for payment of spousal maintenance each month, or provided simply for payment monthly and yet in practice, the payments are delayed by longer than a month each time, then the party due to pay the maintenance is in default and an application for enforcement may be made.

Enforcement of a financial order is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33. An application may be made in a notice of application accompanied by a statement that sets out the amount due, how that amount was arrived at, and with a statement of truth attached. The notice of application may either specify the method of enforcement sought, or alternatively apply for an order for such method of enforcement as the court may consider appropriate (FPR 2010, SI 2010/2955, 33.3(2)(b)). This provision results in an order for the defaulting party to attend court for

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