MAINTENANCE ORDERS.

Hokitika Guardian, 1 April 1924, Page 4

MAINTENANCE ORDERS.

- ■ ■ '* COLLECTION OF ARREARS. SUCCESS OF NEW POLICY. WELLINGTON, March 3tJ. The successful collection of arrears in maintenance moneys is a problem that has presented many difficulties, but some measure of relief is expected to hi© forthcoming for parties concerned by tlie operation of a section of the Maintenance Orders Facilities for Enforcement Act, 1921. Through a multitude of causes, among which may be a certain amount of latitude on the part of the complainant, arrears on a maintenance order are sometimes permitted to accumulate to what is really an absurd sum, and when proceedings arc eventually instituted for disobedience in nine cases out of ten the defaulter is found to bo so situated that only an order for maintenance of current payments can safely be made. Various schemes to overcome the difficulty have been suggested and in 1915 tlio Destitute Persons Act Amendment Act was passed, making provision for the appointment of an officer of the Court to receive all moneys paid into Court and disburse them. It-also was his duty to collect all moneys .in arrears. This Act however, was found to be ineffective, and in fact no officer was ever appointed under it. In response to a suggestion from the Imperial Government the Maintenance Orders Facilities for Enforcement Act was passed in 1921, and its object was the enforcement in various British Dominions of orders made ini other Dominions wihdi had reciprocated. I licse provisions, however, do not apply to affiliation orders. Section 9 of the Act was really an amendment of the Destitute Persons Act, 1910, ami its provisions were in lieu of Hie 1915 Act. It provides that in making a maintenance order the Magistrate may appoint any person whose duty it shall be to take proceedings for the recovery of arrears. Such person is deemed to be an officer of the Court, but be is unable to take proceedings until receipt ot a request in writing from the complainant. In Auckland, Christchurch, and now in "Wellington officers have been appointed who arc known as Maintenance Officers, and at the request of any complainant they may lie reputed by the Magistrate to collect moneys in the particular case. This policy has been introduced cautiously and iexperiine.iltally, and in Auckland and Christchurch it has proved an unqualified success as lar as it has gone, so much so, in fact, that it is appearing to bo more and more advisable to carry out the principle throughout. New Zealand. r l o this end it would probably pay the Government and Charitable. Aid Boards and be of inealeulable value to poor unfortunate wives and mothers if the Act wore so amended as to provide

that every order made under the Destitute Persons Act should he placed at once in the hands of the niiiintenanccofficcr for collection instead of, as is the case at present, waiting until it is in arrears and then appointing the maintenance officer to collect the sum owing. The Act is piq li-. tilaily of no as lar as New Zealand is concerned with regard to defaulting husbands v. he have levanted to Australia, and also for en-

forcement in the Dominion of orders made in Australia, provided tlicic is .somebody in Now Zealand to take proceedings on behalt of tlio woman in Australia. At present, section 9 does not provide for that, because under it a request in writing is necessary before the maintenance officer can act. It is thought that more success would attend the scheme were lho mninten-

mice officer given statutory power to act without writen consent, as the complainant may be living in Australia, and possibly Ejugland, and therefore too far away to he in touch with tlie case, ft is understood that amendments to this effect arc in progress. It is quite ihvious that the .scheme is now out of the experimental stage, and the time is not far distant when the principle will be adopted universally.

Mr J. F. Manning, chief bailiff, has been appointed maintenance officer lot: Wellington.