Article 33 Liability orders
This Article applies where—
a person who is liable to make payments of child support maintenance ( “the liable person”) fails to make one or more of those payments; and
it appears to the Department that—
it is inappropriate to make a deduction from earnings order against him (because, for example, he is not employed); or
although such an order has been made against him, it has proved ineffective as a means of securing that payments are made in accordance with the F1maintenance calculation in question.
The Department may apply to a court of summary jurisdiction for an order ( “a liability order”) against the liable person.
Where the Department applies for a liability order, the court of summary jurisdiction shall make the order if satisfied that the payments in question have become payable by the liable person and have not been paid.
On an application under paragraph (2), the court shall not question the F2maintenance calculation under which the payments of child support maintenance fell to be made.
Where regulations have been made under Article 29(3)(a)—
the liable person fails to make a payment (for the purposes of paragraph (1)(a)); and
a payment is not paid (for the purposes of paragraph (3)),
unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question.
Annotations
Textual amendments
- F1
Words in art. 33(1)(b)(ii) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.
- F2
Words in art. 33(4) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.
- F3