Married Women Act · 2014 Revised Edition · Part IV · Attachment of Earnings
37. Payment of money under order
Official textFrom Attorney General's Chambers, unchanged
The court to whom an employer pays any sum in pursuance of an attachment of earnings order shall pay that sum to the person entitled to receive payments under the related maintenance order as is specified by the attachment of earnings order.
employer
“employer” means a person by whom, as a principal and not as an employee or agent, earnings fall to be paid to a defendant, and references to payment of earnings shall be construed accordingly;
Any sums received by virtue of an attachment of earnings order by the court shall be deemed to be payments made by the defendant, so as to discharge first any sums for the time being due and unpaid under the related maintenance order (a sum due at an earlier date being discharged before a sum due at a later date) and secondly any costs incurred in proceedings relating to the maintenance order which were payable by the defendant when the attachment of earnings order was made or last varied.
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;
Married Women 30
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;
employer
Defined · s 3“employer” means a person by whom, as a principal and not as an employee or agent, earnings fall to be paid to a defendant, and references to payment of earnings shall be construed accordingly;
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.