Maintenance and property arrangements

What should the payee do if the payer does not pay maintenance?

(a) Apply for a judgment summons requiring the payer to appear in court to explain

• If the court accepts the payer’s explanation, the maintenance order may be varied.
• If the court does not accept the payer's explanation, the court may sentence the payer to imprisonment, or while suspending the order of committal, order the payer to pay the amount owed. If he/she fails to comply, he/she may be sentenced to imprisonment.

(b) Apply for an Attachment of Income Order requiring the payer's employer to pay the payee's maintenance direct from the payer's wages. The court may also consider requiring the payer to pay the interest on the arrears and/or the surcharge on the arrears. For details (including the conditions for applying for interest and surcharge, the method of calculation, relevant legal procedures and reasons for refusal to pay, etc.), please refer to the Home and Youth Affairs Bureau's webpage on "Interest and surcharge on arrears of maintenance".

(c) Depending on the assets owned by the payer, the payee may also consider applying to the court to freeze the payer's bank account, or for a charging order on property etc.

To learn more about the legal responsibilities, rights, and resources related to divorce, please click to download the "Booklet on Divorce & Maintenance" at http://mediationcentrehk.org/l/maintenance-booklet-en

Source: Mediation Centre

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