Married Women Act · 2014 Revised Edition · Part IV · Attachment of Earnings
30. Power to make an attachment of earnings order
Official textFrom Attorney General's Chambers, unchanged
If any person fails to comply with any maintenance order, the court which made the order may for every breach of the order make an attachment of earnings order.
maintenance order
“maintenance order” means — (a) an order for the payment of a monthly allowance made or deemed to be made by a court under this Act; (b) an order for the payment of periodical sums by way of maintenance or alimony to a wife or for the benefit of any child under any other law; and (c) a maintenance order registered or confirmed by the court under the Maintenance Orders Reciprocal Enforcement Act.
The court shall not, except with the consent of the defendant, make an attachment of earnings order to secure payments in accordance with a maintenance order if it appears to it that the defendant’s failure to comply with the maintenance order is not due to his wilful refusal or culpable neglect.
defendant
“defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;
A Court of a Magistrate may make an attachment of earnings order to secure payments that the defendant is required to make under a maintenance order made by the High Court.
earnings
“earnings”, in relation to a defendant, means any sums payable to him — (a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service; (b) by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss abolition or relinquishment, or any diminution in the emoluments, of any office or employment;
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Terms defined in s 3
defendant
Defined · s 3“defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;
earnings
Defined · s 3“earnings”, in relation to a defendant, means any sums payable to him — (a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service; (b) by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss abolition or relinquishment, or any diminution in the emoluments, of any office or employment;
maintenance order
Defined · s 3“maintenance order” means — (a) an order for the payment of a monthly allowance made or deemed to be made by a court under this Act; (b) an order for the payment of periodical sums by way of maintenance or alimony to a wife or for the benefit of any child under any other law; and (c) a maintenance order registered or confirmed by the court under the Maintenance Orders Reciprocal Enforcement Act.