The Support Orders Enforcement Act, 2006 contains provisions with respect to the enforcement of court orders for child support and spousal or partner support. Where, for example, a person who is required under a support order to pay money for support (a debtor) is in default of payment, the Director of Support Enforcement may cause a summons to be issued by the Court compelling the debtor to appear before the Court. In addition to making orders dealing with the arrears, the Court may also order that a debtor who has wilfully defaulted on paying support be imprisoned for a period between 30 and 90 days.
There are also a number of applications which may be made by a debtor in response to enforcement actions taken by the Director of Support Enforcement. These would include applications for an order that the debtor’s pension entitlement not be attached, an order revoking the suspension or cancellation of a driver’s licence for non-payment of support and an order revoking the suspension or cancellation of a big game licence for non-payment of support.
It is important to note that the Act requires the Court to file all support orders with the Support Enforcement Program. However, it is only the person receiving support (the creditor) who can withdraw an order from the Support Enforcement Program.