Rule 34.33 Enforcement of payments under registered orders
This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the F1the family court.
The court officer must take reasonable steps to notify the payee of the means of enforcement available.
Paragraph (4) applies where periodical payments due under a registered order are in arrears.
The court officer, on that officer's own initiative—
may; or
if the sums due are more than 4 weeks in arrears, must,
proceed in that officer's own name for the recovery of the sums due unless of the view that it is unreasonable to do so.
Annotations
Textual amendments
- F1
Words in rule 34.33(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 130 (with rule 137); S.I. 2014/954, art. 2
Notes on Chapter 3
Textual amendments
- F1
Words in Pt. 34 Ch. 3 heading substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 19(5) (with reg. 27) (as amended by S.I. 2020/1574, regs. 1, 4(2) and S.I. 2020/1493, regs. 1(1), 8(2)(f)); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Registration and Enforcement in a Magistrates' Court of Maintenance Orders made in a State bound by the 2007 Hague Convention
Textual amendments
- F1
Words in Pt. 34 Ch. 3 Section 1 heading substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 19(7) (with reg. 27) (as amended by S.I. 2020/1574, regs. 1, 4(2) and S.I. 2020/1493, regs. 1(1), 8(2)(f)); 2020 c. 1, Sch. 5 para. 1(1)