sec.49Application for attachment of earnings order

### sec.49 Application for attachment of earnings order A person entitled to receive payments under a maintenance order may apply in writing— where the name of an employer is specified in the application—either to the court for the place where payments under the order are required to be made or to the court for the place where the employer’s place of business is situate; or where the name of an employer is not so specified—to the court for the place where payments under the order are required to be made; for an attachment of earnings order. An application under subsection (1) may be made without specifying the name of any particular employer. If the court is satisfied that the defendant is a person to whom earnings are payable or are likely to become payable and— that, at the time when the application was made, there was due under the maintenance order and unpaid an amount equal to not less than— in the case of an order for weekly payments—4 payments; or in any other case—2 payments; or that the defendant has persistently failed to comply with the requirements of the order; the court may order a person who appears to the court to be the defendant’s employer in respect of those earnings or a part of those earnings to make out of those earnings or that part of those earnings payments in accordance with section 50 . Where an application for an attachment of earnings order is made to a court other than the court for the place where payments under the maintenance order are required to be made, the clerk of the court to which the application is made shall, for the purpose of enabling that court to ascertain the matters set out in subsection (3) (a) , obtain from the clerk of the court for the place where payments under the maintenance order are required to be made a certificate referred to in section 124 . The court shall not make an attachment of earnings order if it appears to the court, in a case to which subsection (3) (a) applies, that the failure of the defendant to make payments under the maintenance order was not due to the defendant’s wilful refusal or culpable neglect. An attachment of earnings order shall specify either generally or in relation to any particular payday or paydays the normal deduction rate, that is to say, the rate at which the court considers it to be reasonable that the earnings to which the order relates should be applied in satisfying the requirements of the maintenance order but not exceeding the rate that appears to the court to be necessary for the purpose of— securing payment of the sums from time to time falling due under the maintenance order; and securing payment within a reasonable time of any sums already due and unpaid under the maintenance order and any costs incurred in proceedings relating to the maintenance order that are payable by the defendant. An attachment of earnings order may specify a higher normal deduction rate to apply for a specified number of paydays after the order comes into force and a lower normal deduction rate to apply to subsequent paydays. An attachment of earnings order shall also specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and needs of the defendant and of any person for whom the defendant must or reasonably may provide, the court considers it to be reasonable that the earnings to which the order relates should not be reduced by a payment under the order. An attachment of earnings order shall provide that payments under the order are to be made to the clerk of the court specified in the order. An attachment of earnings order shall contain such particulars as the court thinks proper for the purpose of enabling the person to whom the order is directed to identify the defendant. An attachment of earnings order shall be served on— the defendant; and the person to whom the attachment of earnings order is directed; and shall not come into force until the expiration of 7 days after the day on which a copy of the order is served on the person to whom the order is directed. Where an attachment of earnings order is made by a court other than the court for the place where payments under the maintenance order are required to be made, the clerk of the court that made the attachment of earnings order shall forthwith advise accordingly the clerk of the court for the place where payments under the maintenance order are required to be made. (sec.49-ssec.1) A person entitled to receive payments under a maintenance order may apply in writing— where the name of an employer is specified in the application—either to the court for the place where payments under the order are required to be made or to the court for the place where the employer’s place of business is situate; or where the name of an employer is not so specified—to the court for the place where payments under the order are required to be made; for an attachment of earnings order. (sec.49-ssec.2) An application under subsection (1) may be made without specifying the name of any particular employer. (sec.49-ssec.3) If the court is satisfied that the defendant is a person to whom earnings are payable or are likely to become payable and— that, at the time when the application was made, there was due under the maintenance order and unpaid an amount equal to not less than— in the case of an order for weekly payments—4 payments; or in any other case—2 payments; or that the defendant has persistently failed to comply with the requirements of the order; the court may order a person who appears to the court to be the defendant’s employer in respect of those earnings or a part of those earnings to make out of those earnings or that part of those earnings payments in accordance with section 50 . (sec.49-ssec.3A) Where an application for an attachment of earnings order is made to a court other than the court for the place where payments under the maintenance order are required to be made, the clerk of the court to which the application is made shall, for the purpose of enabling that court to ascertain the matters set out in subsection (3) (a) , obtain from the clerk of the court for the place where payments under the maintenance order are required to be made a certificate referred to in section 124 . (sec.49-ssec.4) The court shall not make an attachment of earnings order if it appears to the court, in a case to which subsection (3) (a) applies, that the failure of the defendant to make payments under the maintenance order was not due to the defendant’s wilful refusal or culpable neglect. (sec.49-ssec.5) An attachment of earnings order shall specify either generally or in relation to any particular payday or paydays the normal deduction rate, that is to say, the rate at which the court considers it to be reasonable that the earnings to which the order relates should be applied in satisfying the requirements of the maintenance order but not exceeding the rate that appears to the court to be necessary for the purpose of— securing payment of the sums from time to time falling due under the maintenance order; and securing payment within a reasonable time of any sums already due and unpaid under the maintenance order and any costs incurred in proceedings relating to the maintenance order that are payable by the defendant. (sec.49-ssec.6) An attachment of earnings order may specify a higher normal deduction rate to apply for a specified number of paydays after the order comes into force and a lower normal deduction rate to apply to subsequent paydays. (sec.49-ssec.7) An attachment of earnings order shall also specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and needs of the defendant and of any person for whom the defendant must or reasonably may provide, the court considers it to be reasonable that the earnings to which the order relates should not be reduced by a payment under the order. (sec.49-ssec.8) An attachment of earnings order shall provide that payments under the order are to be made to the clerk of the court specified in the order. (sec.49-ssec.9) An attachment of earnings order shall contain such particulars as the court thinks proper for the purpose of enabling the person to whom the order is directed to identify the defendant. (sec.49-ssec.10) An attachment of earnings order shall be served on— the defendant; and the person to whom the attachment of earnings order is directed; and shall not come into force until the expiration of 7 days after the day on which a copy of the order is served on the person to whom the order is directed. (sec.49-ssec.11) Where an attachment of earnings order is made by a court other than the court for the place where payments under the maintenance order are required to be made, the clerk of the court that made the attachment of earnings order shall forthwith advise accordingly the clerk of the court for the place where payments under the maintenance order are required to be made. - (a) where the name of an employer is specified in the application—either to the court for the place where payments under the order are required to be made or to the court for the place where the employer’s place of business is situate; or - (b) where the name of an employer is not so specified—to the court for the place where payments under the order are required to be made; - (a) that, at the time when the application was made, there was due under the maintenance order and unpaid an amount equal to not less than— (i) in the case of an order for weekly payments—4 payments; or (ii) in any other case—2 payments; or - (i) in the case of an order for weekly payments—4 payments; or - (ii) in any other case—2 payments; or - (b) that the defendant has persistently failed to comply with the requirements of the order; - (i) in the case of an order for weekly payments—4 payments; or - (ii) in any other case—2 payments; or - (a) securing payment of the sums from time to time falling due under the maintenance order; and - (b) securing payment within a reasonable time of any sums already due and unpaid under the maintenance order and any costs incurred in proceedings relating to the maintenance order that are payable by the defendant. - (a) the defendant; and - (b) the person to whom the attachment of earnings order is directed;