Maintenance Orders Law

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A decision made (04/09/2006) regarding Maintenance Orders Law: Amendment.

Subject:	Maintenance Orders Law: Amendment
Decision Reference:	MD-C-2006-0038		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	n/a
Written report – Title	Draft ‘Maintenance Orders Enforcement) (Amendment No. 2) (Jersey) Law 200-
Written report – Author (name and job title)	Jeremy Harris, Policy Adviser
Decision(s): To approve a draft law, entitled the Maintenance Orders Enforcement) (Amendment No. 2) (Jersey) Law 200-, for consideration by the States. The purpose of this draft Law is to empower the Royal Court and the Petty Debts Court to authorise an arrest of wages on the making of a maintenance order or at any time afterwards.
Reason(s) for decision: (1) The Law will provide a quicker and less expensive way of enforcing maintenance obligations, saving court time and bureaucracy; and (2) It will provide a more effective means for spouses and parents, often in difficult financial straits, to recover maintenance and relieve them of the financial and emotional drain of having to have constant recourse to the courts.
Action required: JH to arrange with the States Greffe for the draft law to be lodged ‘au Greffe’ for consideration by the States on 24th October 2006.
Signature: Chief Minister		Date of Decision: 4 September 2006

Maintenance Orders Law - Amendment.

REPORT TO CHIEF MINISTER

Draft Maintenance Orders (Enforcement)

(Amendment No. 2) ( Jersey ) Law 200-

Introduction:

The Chief Minister is asked to approve the draft ‘Maintenance Orders Enforcement) (Amendment No. 2) (Jersey) Law 200-, the purpose of which is to empower the Royal Court and the Petty Debts Court to authorise an arrest of wages on the making of a maintenance order or at any time afterwards.

Discussion:

At present neither the Royal Court nor the Petty Debts Court have the statutory power when making a maintenance order to order an arrest on wages. Only when the person ordered to pay maintenance defaults in his or her obligation can the recipient issue proceedings for recovery of arrears.

The effect of the draft law would be to give the courts this statutory power to order arrests on wages when making maintenance orders. It is considered that this will provide a quicker and less expensive way of enforcing maintenance obligations, saving court time and bureaucracy. More importantly, it will provide a more effective means for spouses and parents, often in difficult financial straits, to recover maintenance and relieve them of the financial and emotional drain of having to have constant recourse to the courts. The courts would not make an order for arrest on wages as a matter of course, but would have to satisfy themselves that there was good reason to do so.

This proposal does not have any resource implications, as confirmed below –

Financial: Nil

Manpower: Nil

Property: Nil

ICT: Nil

Law Drafting: Nil (the draft legislation has already been drafted and is attached to this report).

The draft Law has been considered by the Legislation Advisory Panel and it has their support. The Panel’s recommendation to the Chief Minister is that it should be approved and lodged ‘au Greffe’ for consideration by the States.

Recommendation:

It is recommended that the Chief Minister should approve the draft Law and agree that it be lodged ‘au Greffe’ for consideration by the States on 24th October 2006.

Jeremy Harris,

Policy Adviser

24th August 2006