What happens if Maintenance is not paid?
- The Wife can formally apply to the Family Justice Court to get a Maintenance Order which will officially order the Husband to provide Maintenance to her and their Children
- Once a Court has ordered the Husband to provide Maintenance, he will be liable to be prosecuted for an offence punishable by imprisonment if he fails to comply with the Family Justice Court’s order to make maintenance payments
- The Husband will still be required to pay Maintenance even if he has already been prosecuted and punished for the non-compliance with the Family Justice Court order
- The Family Justice Court can also order that the maintenance payments come from the Husband in the following ways:
- Garnishee Order: a bank or third party will pay monies from the Husband’s account or funds to pay for the Maintenance
- Attachment of Earnings Order: the Husband’s employer will retain a portion of his salary to pay for the Maintenance
