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What if the Respondent refuses to pay despite conciliation?


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Updated by MLAW

If the Court finds that the Respondent has not paid maintenance without good reason, the Court will make an order specifying the amount of maintenance arrears to be enforced against the Respondent, and how the Respondent is to pay the arrears.

In contested cases, the Court will also make a Show Payment Order. The Show Payment Order requires the Respondent to show proof of payment to the Court for a specified period of time. Unless special circumstances exist, the Order will also state that the Respondent is liable to imprisonment if he or she fails to show proof of payment.

If the Respondent fails to show proof of payment, the Respondent will be imprisoned unless the Respondent can show good reason for failing to do so.


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