The latest iteration in on going enforcement proceedings following a 1999 divorce, including consideration of what sums can be properly enforced and the application of the Limitation Act 1980 to claims for interest.
Facts
- H owed W sums under a number of orders in relation to child maintenance, spousal maintenance, arrears of rent that was to be paid under a consent order, and a judgment debt.
- H had made ad hoc payments to W over the years, but it was not clear what payment related to each obligation.
Held
- Permission was given to enforce child maintenance more than 12 months old on the basis that it was unclear whether H’s payments had contributed at all to this obligation, although the breadth of the discretion in relation to such a decision was noted.
- No decision was arrived at on whether interest is payable on child maintenance arrears in High Court cases, as it was held that a discretion would be used to disapply such interest in any event.
- It was held that the Limitation Act 1980 applies to claims for interest on arrears of maintenance, and therefore interest can only be claimed for six years from when it is due and payable.
