Sherry-Ann McGregor, Contributor
Mcgregor
In last week's article, I addressed the enforcement of orders for the maintenance of children when such orders are obtained in the Resident Magistrate's Courts. This week, I will explore the procedure for enforcing maintenance orders in the Supreme Court.
The most commonly used method of enforcing a maintenance order is a committal order. An application for a committal order may be made by a party to the proceedings, by the person who has actual care and custody of the child or the person to whom the court had directed payments to be made.
A committal order can only be applied for in enforcing a maintenance order where the following conditions are satisfied:
The order specified a date by which payment was to be made and there has been default.
The order was personally served on the respondent within reasonable time for him to make payment in accordance with the order. However, if the respondent was present at court when the maintenance order was granted, or there is proof that he was notified (by fax, post, telephone or by some other means) of the terms of the order the court may make the committal order even if the maintenance order was not personally served on him.
The maintenance order contained a notice stating that if the respondent failed to comply with the terms of the maintenance order he would be in contempt of court and liable to be imprisoned.
The application may be made without notifying the respondent, but the court retains the discretion to order that the application be served. It must state the precise terms of the order that the respondent has disobeyed and the exact nature of the breach of that order. There must also be an affidavit in support of the application.
When hearing the application for committal, the court may make any of the following orders:
commit the respondent to prison for a fixed term.
impose a fine.
confiscate his assets.
issue an injunction against him.
accept an undertaking that he will pay and adjourn the hearing.
make a suspended committal order.
When seeking to enforce a maintenance order, the various methods for enforcing money judgements obtained in the Supreme Court may also be considered, e.g. attachment orders (against earnings and pension), charging orders (against land, stock or other personal property) and orders for seizure and sale of goods.
Sherry-Ann McGregor is an attorney-at-law and mediator with the firm of Nunes, Scholefield, DeLeon & Co. Do you have a pressing legal question? Send it to: Lifestyle@gleanerjm.com.
