Married Women Act · 2014 Revised Edition · Part IV · Attachment of Earnings
32. Effect of order
Official textFrom Attorney General's Chambers, unchanged
When an attachment of earnings order is made, all other proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order shall be suspended.
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;
The court by which an attachment of earnings order has been made may, if it thinks fit, on the application of the defendant or a person entitled to receive payments under the related maintenance order, make an order discharging or varying the attachment of earnings order.
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;
An attachment of earnings order shall cease to have effect —
upon the issue of a warrant directing that the amount due under the related maintenance order shall be levied in the manner provided by law for levying fines;
Married Women
upon the making of an order sentencing the defendant to imprisonment for failure to comply with the related maintenance order; and
upon the rescission of the related maintenance order, and where an attachment of earnings order ceases to have effect as aforesaid the court making the order shall give notice of the cessation to the person to whom the order was directed.
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.