2.
Bill to facilitate enforcement of maintenance orders
A Bill seeking to facilitate the recovery of arrears of maintenance due from a defaulting maintenance payer will be gazetted tomorrow (Friday).
The Marriage and Children (Miscellaneous Amendments) Bill 1997 which contains amendments to the Guardianship of Minors Ordinance (GMO), the Separation and Maintenance Orders Ordinance (SMOO), the Matrimonial Causes Ordinance (MCO) and the Matrimonial Proceedings and Property Ordinance (MPPO), is aimed at facilitating better enforcement of maintenance orders.
A Government spokesman said the Bill would also empower the court to order the sale of matrimonial property, to bring the aforementioned ordinances in line with the Age of Majority (Related Provisions) Ordinance which provides that a person shall attain full age at 18 years old in most cases and to rectify the gender-biased provisions in the SMOO and MPPO.
The spokesman said the proposed amendments were mainly based on the recommendations made by a working group appointed by the Chief Justice to review practices and procedures relating to matrimonial proceedings.
"Taking into account the working group's recommendations contained in a report published last August, the Government has made a number of proposals under the Bill," he said.
One of them is the Attachment of Income Orders (AIO). Under this proposal, the court may issue an order to attach the income of a maintenance payer who has defaulted in payment without reasonable causes.
"For example, the maintenance payer's employer may be required to deduct payments from his wages and pay the amount direct to the payees," the spokesman said.
The Bill also proposes that all maintenance payers should be required to notify the payees concerned or other persons specified by the court of any change of address by registered mail within 14 days of such a change.
Another proposal is to empower the court to make order for the sale of matrimonial property,
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