(Enforcement) (Jersey) Law 1999
A LAW to make additional provision
for the enforcement of maintenance orders
In this Law, unless the context otherwise requires –
means an order for the payment of a sum, or periodic sums, of money
the Royal Court –
(i) under Article 25,
29, 31, 32 or 33 of the Matrimonial Causes (Jersey) Law 1949, or
(ii) under Schedule 1
to the Children (Jersey) Law 2002; or
(iii) under Article 44,
49, 51, 52 or 53 of the Civil Partnership (Jersey) Law 2012; or
the Petty Debts Court under Article 2, 4, 5, or 7 of the Separation and Maintenance Orders (Jersey)
shall be construed accordingly;
“payer” means, in relation to a maintenance order, the
person liable to make payments under the order;
“recipient” means, in relation to a maintenance order,
the person for whose benefit the order is made;
“wages” has the same meaning as in the Employment
(Jersey) Law 2003 save that it shall include
pensions contributions paid by the employer and any other ancillary
of maintenance orders
the payer fails to comply with a maintenance order, the recipient may proceed
for recovery of any sum due under that order in accordance with the following
provisions of this Article.
recipient may apply ex parte to the Bailiff or,
as the case may be, to the Judge of the Petty Debts Court, for an ordre provisoire to distrain upon the movables (biens-meubles) of the payer and to make a provisional
arrest of the payer’s wages.
application under paragraph (2) shall be supported by an affidavit setting
out the terms of the maintenance order and the circumstances of the alleged
failure of the payer to comply.
recipient shall, as soon as may be after the issue of the ordre proviso ire, summons the payer to appear before
the Royal Court, or, as the case may be, the Petty Debts Court, to witness
confirmation of the distraint or arrest or both, as the case may be.
the hearing of a summons issued in accordance with paragraph (4), the
Court may confirm or discharge the distraint or arrest or both and, upon the
application of the recipient, the Court may, if it thinks fit, order that the
maintenance order shall have effect as if it authorized an arrest to be made on
the wages of the payer in such amount as the Court thinks just.
Court shall have the same powers upon the return of a summons issued other than
in reliance upon the provisions of this Law for the recovery of arrears of
maintenance as it has under paragraph (5).
for arrest of wages attaching to maintenance order
Royal Court or the Petty Debts Court, as the case may be, when making a
maintenance order or at any time after that, may on the application of the
recipient or of its own motion authorize an arrest to be made on the wages of
Court shall not authorize an arrest under paragraph (1) –
the application of the recipient, unless it has given the payer an opportunity
to be heard; or
its own motion, unless it has given the parties an opportunity to be heard.
Court shall not authorize an arrest under paragraph (1) unless it has had
regard to the means of the payer.
arrest under paragraph (1) may not exceed one half of the wages of the
(5) Paragraph (4)
shall not affect the discretion of the Court under Article 2(5) to make an
order for an arrest of wages in such amount as the Court thinks just.
for registration of maintenance order
Royal Court or the Petty Debts Court, as the case may be, may –
making a maintenance order or at any time after that; and
the application of the recipient,
direct that the maintenance order be registered in the Public
registration pursuant to a direction under paragraph (1), the maintenance
order shall take effect as a judicial hypothec upon the immovable property of
the payer as if –
were an act or judgment of the Court to which Article 13 of the Loi (1880)
sur la propriété foncière applied; but
such amounts, accruing from time to time, as the payer is liable to pay
pursuant to the order.
registration under this Article shall be cancelled only if the Court gives, on
the application of the recipient or the payer, a further direction to such
Court shall not make a direction for registration under paragraph (1)
unless it has given the payer an opportunity to be heard.
This Law may be cited as the Maintenance Orders (Enforcement)
(Jersey) Law 1999.