Section 121 of The Children Act CAP 141: Enforcement of orders for maintenance or contribution
(1) Any person, including a child in whose favour a maintenance order has been made pursuant to section 111, may apply to the Court for the enforcement of the order and recovery of any sums due and payable thereunder if—
(a) the person against whom the maintenance order was made has failed to comply with any provision contained in the order; or
(b) the person against whom the order was made has defaulted in any payment specified under the order.
(2) Unless otherwise directed by the Court, the respondent shall be served with the notice of proceedings under this section and may be summoned or arrested on a warrant issued by the Court.
(3) Prior to the making of an order under this section, the Court may hold an enquiry as to the means of the respondent who shall be in attendance, and the Court may direct that—
(a) enquiries be made as to the respondent’s means by such person as the Court may direct;
(b) the respondent’s income, assets and liabilities be searched to establish such information as the Court may require to make an order under this section; or
(c) a statement of means from the respondent’s employer, or auditors or from such other person as the Court may direct, be availed to the Court.
(4) Where the Court is satisfied that the respondent has wilfully neglected or failed to make payment of any financial provision under a maintenance or contribution order, the Court may—
(a) order that any arrears in respect of any maintenance monies or contribution monies as the case may be, be paid forthwith in lumpsum or in instalments within such period as the Court may specify; (b) order the remission of the arrears:
Provided that the Court shall not make an order under this section without prior notice to the child, the person or institution, as the case may be, in favour of whom the maintenance or contribution order has been made or without allowing them a reasonable opportunity to make representations in that regard;
(c) issue a warrant for distress on the respondent’s property forthwith, or postpone the issue of the warrant until such time as the Court may direct, or on such conditions as the Court may deem fit, and order the attachment of the respondent’s earnings, including any pension payable to the defaulter, if the Court is satisfied that—
(i) failure to make payment was due to the willful refusal or neglect of the respondent; and
(ii) the respondent is gainfully employed, or is engaged in some profitable business enterprise or undertaking or owns property out of which he derives an income capable of satisfying the order of the Court:
Provided that the Court shall not, unless special circumstances exist, make an order for the attachment of the respondent’s earnings in an amount which shall exceed more than forty-five per cent of the respondent’s annual income in any period of twelve months;
(d) order the detention, attachment, preservation or inspection of any property of the respondent and, for all or any of the purposes aforesaid, authorize such person, as the Court may deem fit, to enter upon any land or building in which the respondent has an interest whether in the possession or control of the defaulter or not;
(e) subject to the rights of a bona fide purchaser for value without notice, set aside any disposition of any property belonging to the respondent from which any income is receivable, and the Court may, on application made in that regard, make orders for the re-sale of the property to any person and direct that the proceeds of the sale be applied in the settlement of any arrears of maintenance monies and to the payment of future maintenance monies payable under the order; or
(f) restrain by way of an injunction the disposition, wastage or damage of any property belonging to the respondent.
(5) The Court shall not make an order under subsection (4) (c), (d), (e) or (f),unless the Court is satisfied that—
(a) the respondent has willfully and deliberately concealed or misled the Court or any person appointed or directed to carry out enquiries under subsection (4) of this section as to the true nature and extent of his earnings or income; or
(b) the respondent, with intent to obstruct or delay the execution of any order that may be passed against him under this section, or with the object of reducing his means to provide maintenance for the child—
(i) is about to dispose of most or the whole of his property;
(ii) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court; or
(iii) is about to abscond or leave the local limits of the Court’s jurisdiction.
(6) The Court may issue a warrant committing the respondent to imprisonment for a term not exceeding thirty days if the Court is satisfied on evidence that—
(a) the respondent has persistently and wilfully refused or neglected to make payment of all or any part of the monies ordered to be paid under a maintenance or contribution order without reasonable cause; (b) the respondent is present at the hearing;
(c) an order for attachment of the respondent’s income would not be appropriate; or
(d) it has enquired into the cause of the default and is satisfied that such default was due to the respondent’s wilful refusal or neglect.
(7) The issue of a warrant under this section may be postponed on such terms as the Court may think fit but, if postponed, it may not be issued without further notice being given to the defaulter.
(8) The Court shall have power to vary, modify or discharge any order made under this section.
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