QLDIn ForceAct
Maintenance Act 1965
sec.53Cessation of attachment of earnings order
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### sec.53 Cessation of attachment of earnings order
An attachment of earnings order shall cease to have effect—
upon being discharged under section 52 ; or
upon the annulment or, unless the court otherwise orders under this section, upon the discharge, suspension, or variation of the maintenance order in relation to which the attachment of earnings order was made; or
unless the court otherwise orders, upon the making of any other order for the enforcement of the maintenance order in relation to which the attachment of earnings order was made.
Where it appears to the court discharging a maintenance order that arrears under the order will remain to be recovered under the order, the court may order that the attachment of earnings order shall not cease to have effect until those arrears have been paid.
Where it appears to the court suspending a maintenance order that arrears under the order will remain to be paid and those arrears relate to a period before the day as from which the suspension took or takes effect, the court may—
order that the attachment of earnings order shall not cease to have effect until those arrears have been paid; or
order that the attachment of earnings order be suspended for the period of the suspension of the maintenance order; or
order that the attachment of earnings order be varied and continue to have effect as varied until those arrears have been paid.
Where a court varies a maintenance order the court may order an attachment of earnings order to be varied and to continue to have effect as so varied.
Where—
an attachment of earnings order ceases to have effect by virtue of an order made by a court other than the court that made the attachment of earnings order; or
an order is made pursuant to subsection (2) , (3) or (4) by a court other than the court that made the attachment of earnings order;
the clerk of the firstmentioned court shall forthwith advise accordingly the clerk of the court that made the attachment of earnings order.
Where—
an attachment of earnings order ceases to have effect; or
an order is made pursuant to subsection (2) , (3) or (4) ;
the clerk of the court that made the attachment of earnings order shall forthwith give notice accordingly to the person to whom the attachment of earnings order was directed.
Where an attachment of earnings order ceases to have effect, the person to whom the attachment of earnings order is directed shall not incur any liability in consequence of the person treating the order as still in force at any time before the expiration of 7 days after the date on which the notice required by subsection (6) is served on the person.
(sec.53-ssec.1) An attachment of earnings order shall cease to have effect— upon being discharged under section 52 ; or upon the annulment or, unless the court otherwise orders under this section, upon the discharge, suspension, or variation of the maintenance order in relation to which the attachment of earnings order was made; or unless the court otherwise orders, upon the making of any other order for the enforcement of the maintenance order in relation to which the attachment of earnings order was made.
(sec.53-ssec.2) Where it appears to the court discharging a maintenance order that arrears under the order will remain to be recovered under the order, the court may order that the attachment of earnings order shall not cease to have effect until those arrears have been paid.
(sec.53-ssec.3) Where it appears to the court suspending a maintenance order that arrears under the order will remain to be paid and those arrears relate to a period before the day as from which the suspension took or takes effect, the court may— order that the attachment of earnings order shall not cease to have effect until those arrears have been paid; or order that the attachment of earnings order be suspended for the period of the suspension of the maintenance order; or order that the attachment of earnings order be varied and continue to have effect as varied until those arrears have been paid.
(sec.53-ssec.4) Where a court varies a maintenance order the court may order an attachment of earnings order to be varied and to continue to have effect as so varied.
(sec.53-ssec.5) Where— an attachment of earnings order ceases to have effect by virtue of an order made by a court other than the court that made the attachment of earnings order; or an order is made pursuant to subsection (2) , (3) or (4) by a court other than the court that made the attachment of earnings order; the clerk of the firstmentioned court shall forthwith advise accordingly the clerk of the court that made the attachment of earnings order.
(sec.53-ssec.6) Where— an attachment of earnings order ceases to have effect; or an order is made pursuant to subsection (2) , (3) or (4) ; the clerk of the court that made the attachment of earnings order shall forthwith give notice accordingly to the person to whom the attachment of earnings order was directed.
(sec.53-ssec.7) Where an attachment of earnings order ceases to have effect, the person to whom the attachment of earnings order is directed shall not incur any liability in consequence of the person treating the order as still in force at any time before the expiration of 7 days after the date on which the notice required by subsection (6) is served on the person.
- (a) upon being discharged under section 52 ; or
- (b) upon the annulment or, unless the court otherwise orders under this section, upon the discharge, suspension, or variation of the maintenance order in relation to which the attachment of earnings order was made; or
- (c) unless the court otherwise orders, upon the making of any other order for the enforcement of the maintenance order in relation to which the attachment of earnings order was made.
- (a) order that the attachment of earnings order shall not cease to have effect until those arrears have been paid; or
- (b) order that the attachment of earnings order be suspended for the period of the suspension of the maintenance order; or
- (c) order that the attachment of earnings order be varied and continue to have effect as varied until those arrears have been paid.
- (a) an attachment of earnings order ceases to have effect by virtue of an order made by a court other than the court that made the attachment of earnings order; or
- (b) an order is made pursuant to subsection (2) , (3) or (4) by a court other than the court that made the attachment of earnings order;
- (a) an attachment of earnings order ceases to have effect; or
- (b) an order is made pursuant to subsection (2) , (3) or (4) ;