Where a maintenance debtor neglects or refuses to pay maintenance, arrears accrue. Under the Enforcement of Court Orders (Amendment) Act 2009, the maintenance creditor may apply to the District Court to have the debtor brought before a hearing of the District Court to answer why they have not discharged the maintenance payments. The maintenance debtor may be entitled to obtain a solicitor on the Criminal Legal Aid Scheme, where they cannot afford to pay for one, themselves. If convicted of failure to discharge maintenance, the debtor may be imprisoned for up to 3 months.
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