If that is the case, you will have to accompany the Court Process Server to your husband's home or workplace to personally give him the summons. He will also be told to attend court at a certain date, normally 2 weeks after the complaint is filed. On that day, free mediation will be available for the parties.

Q: What can I do if my husband fails to comply with the term of a Maintenance Order?

You can apply to enforce the maintenance order by lodging a complaint before a Magistrate in the Family Registry. You are required to bring a copy of the maintenance order.

Q: What can the court do if I refuse to pay maintenance to my ex-wife?

The Court may:

• issue a warrant to seize and sell any of your property; or
• sentence you to a maximum of 1 month jail for each month of maintenance unpaid; or
• make an Attachment of Earnings Order if you are employed. This is an order for your employers to deduct from your salary, the maintenance amount and pay the amount directly to court every month. The Court will then credit your wife's account with the amount after it has received it.

During an Attachment of Earnings Order:

• you must inform the Court when you leave your job and when you are re-employed; and
• Any person who becomes your employer and who knows that there is such an Order, must also inform the Court of your earnings and anticipated earnings.

Q: Who may apply to vary or cancel the terms of a maintenance order?

If circumstances change, e.g., the husband earns more or the wife finds that the Maintenance Order is not enough or the husband loses his job, either party can return to the Court and ask for a variation of the maintenance.

Q: When will the Court rescind of vary a maintenance order?

The Court will only cancel or change a Maintenance Order if it can be proven that there has been a serious change in the circumstances since the Order.

Q: What happens if the husband passes away or is made a bankrupt and the maintenance to the Wife is still outstanding ?