Key points
This case in 30 seconds
- Situation
- The client had earlier obtained a maintenance order, but the other spouse paid only on and off and did not follow it.
- Approach
- We helped the client organise the record of unpaid maintenance first, explained the difference between a judgment summons and an attachment of income order, and helped prepare the application documents.
- Result
- Later, the other spouse’s payments carried on as the order required. The client no longer had to keep chasing irregular payments, and life became stable again.
Three points for dealing with maintenance arrears smoothly
- If payments are still in arrears after the order is made, you can apply for enforcement. If the arrears are more than 12 months old, you need the court’s permission first.
- A judgment summons is an application asking the court to summon the other spouse to explain their finances and why they are in arrears.
- An attachment of income order is a court order telling the other spouse’s employer to deduct money from their salary and pay it directly to you.
Background
The client had earlier obtained a maintenance order, but the other spouse paid only on and off and did not follow it.
He had received some payments under the order, but the amounts and the timing were not steady.
He was not sure whether payments that come and go already count as arrears, or what he could do next.
He wanted to understand what he could do before things dragged on any longer.
He did not want to make the relationship worse, but he did want the financial arrangements settled early.
- Not sure whether irregular payments count as arrears
- Did not know how to recover the unpaid money
- Not clear on the difference between a judgment summons and an attachment of income order
He had searched online himself, but different websites said different things, and he was not sure whether to organise his records first or ask the court directly.
All he wanted was for the money he was owed to be recovered as soon as possible.
When the other spouse pays only on and off, the first task is to put the arrears record in order.
Why organise the arrears record first and understand how to recover the money?
We help you organise the arrears record, and explain the difference between a judgment summons and an attachment of income order and the documents each needs.
The order has been made but payments are still in arrears. What can be done?
After the court has made an order, if the other spouse does not comply, you can apply for enforcement.
If payments are still in arrears after the order is made, you can apply for enforcement. If the arrears are more than 12 months old, you need the court’s permission first.
Interest can be charged on arrears, and the court can also impose a surcharge of up to 100% of the arrears.
What is the difference between a judgment summons and an attachment of income order?
The table below compares a judgment summons and an attachment of income order on how they work, when they suit, and the documents needed.
| Judgment summons | Attachment of income order | |
|---|---|---|
| How it works | Applies to the court to summon the other spouse to attend | Orders the employer to deduct from salary directly |
| When it suits | The other spouse’s finances are unclear | The other spouse has a steady employment income |
| Documents needed | Record of arrears, copy of the original order | Employer’s details, copy of the original order |
| Shared condition | If the arrears are more than 12 months old, the court’s permission is needed first | If the arrears are more than 12 months old, the court’s permission is needed first |
A judgment summons is an application asking the court to summon the other spouse to explain their finances and why they are in arrears.
This suits cases where the other spouse’s finances are unclear.
An attachment of income order is a court order telling the other spouse’s employer to deduct money from their salary and pay it directly to you.
This suits cases where the other spouse has a steady employment income.
Can I still apply if I do not know the other spouse’s current income or employer?
Even if you do not know the other spouse’s current income or employer, you can still apply for a judgment summons, which requires them to explain their finances.
For the ways to recover arrears in detail and the five stages of applying, see “Maintenance”. For similar approaches, see “A lump sum maintenance case” or “A case where access arrangements could not be put into effect”.
Once it was clear that the record comes first and the recovery method second, what remained was how each stage works in practice.
How we helped
From the first consultation to putting the agreement into effect, the same dedicated consultant follows your case. Our help comes in three stages.
-
Organising records stage
From the first consultation
We helped the client organise the record of unpaid maintenance, including the sums the order sets out and the part already received.
The clearer the record, the firmer the basis when you recover the money later.
-
Understanding how to recover the money and preparing documents
Once everything is in order
We helped the client understand the difference between the two methods and prepared the application documents.
For the application, we helped prepare a copy of the original order.
We also helped organise the record of the arrears.
Only once the documents were ready was the application formally made.
-
Arrangements put in place stage
After the application
After that, we reminded the client to deal with the application on time, and kept following up where needed.
Later, the other spouse’s payments carried on as the order required.
Keeping up the follow-up helps reduce the chance of arrears happening again.
Throughout, the client could phone the dedicated consultant at any time, in Cantonese, Mandarin or English.
We explained every court letter first, and what needed following up.
We are a divorce consultancy. We help you organise information, prepare documents and understand the procedure. If your case needs legal advice or a representative in court, we will tell you honestly and help you make other arrangements.
With the three stages joined up, this was the outcome.
Outcome
Later, the other spouse’s payments carried on as the order required, and the client no longer had to keep chasing irregular payments. Life became stable again.
Because the arrears record had been put in order, the client had a firmer basis when following up on recovery.
Throughout, the dedicated consultant organised the documents from the existing order and reminded the client to watch whether payments arrived on time.
Without organising the arrears record first, explaining how the arrears arose later often takes longer.
Now that the other spouse pays steadily under the order, the client no longer has to keep asking what the next step in recovery is.
For him, the biggest difference is no longer guessing every month whether the money will arrive, and life feels much more settled.
How does the procedure change if your situation is different?
This approach suited the case because the other spouse was still in steady contact and only paid on and off. If the situation is different, the approach changes too.
The other spouse has stopped paying altogether: if the other spouse has stopped paying altogether, you can still organise the arrears record first and then look at how to recover the money.
Do not know the other spouse’s current address or how to reach them: if you do not know the other spouse’s current address or how to reach them, first organise what you do know, and then look at the next step.
The sums in the order were later changed: if the sums in the order were later changed, first organise the latest version of the order, and then follow up.
Three things you can do first in a similar situation
- Organise the arrears record first, noting what has been received and what has not.
- Understand the difference between a judgment summons and an attachment of income order.
- If it carries on, ask the dedicated consultant how the money can be recovered.
FAQ
A maintenance order has been made but the other spouse pays only on and off. What can be done?
We help you organise the arrears record, and explain the difference between a judgment summons and an attachment of income order and the documents each needs.
Can I still recover maintenance that is more than 12 months in arrears?
If payments are still in arrears after the order is made, you can apply for enforcement. If the arrears are more than 12 months old, you need the court’s permission first.
What is a judgment summons?
A judgment summons is an application asking the court to summon the other spouse to explain their finances and why they are in arrears.
What is an attachment of income order?
An attachment of income order is a court order telling the other spouse’s employer to deduct money from their salary and pay it directly to you.
Judgment summons or attachment of income order: which should I apply for?
A judgment summons suits cases where the other spouse’s finances are unclear. An attachment of income order suits cases where the other spouse has a steady employment income.
Can I still apply for an attachment of income order if I do not know the other spouse’s current employer?
Even if you do not know the other spouse’s current income or employer, you can still apply for a judgment summons, which requires them to explain their finances.
What documents do I need to apply to recover maintenance arrears?
For the application, we helped prepare a copy of the original order.
We also helped organise the record of the arrears.
Can I ask for interest or a surcharge on the arrears?
Interest can be charged on arrears, and the court can also impose a surcharge of up to 100% of the arrears.
Do you give legal advice or represent clients in court?
We are divorce consultants. We help you gather information, prepare documents and understand the procedure.
If your case needs legal advice or court representation, we will tell you honestly and help you make other arrangements.
Illustrative case: this page is adapted from similar cases we have handled. The people and details have been changed, and it is not a record of an identifiable client.
Every case is different, and the time taken and the result will vary. This page is general information only. It is not legal advice and is not a promise about your case.
