Maintenance paymentsThe legal positionSpecial featuresChecklist for actionBefore April 1993, either the magistrates’ court or county court made orders to require a parent or ex-spouse to make maintenance payments to the other partner for her/himself and/or any children.From April 1993, child maintenance payment powers passed to the Child Support Agency (the predecessor of the Child Maintenance Service – see here). The only new court orders made after this date are for applications not covered by the child support scheme (eg, for additional maintenance) and for spousal maintenance.The legal positionMagistrates’ courts make maintenance orders and also collect and review maintenance orders made by the county court, divorce registry and High Court.1s1 MOA 1958 1 s1 MOA 1958 » Special featuresIf a maintenance order is unpaid, the magistrates’ court has powers similar to those for unpaid fines (see Chapter 13). Maintenance payable under a court order should be distinguished from voluntary maintenance payments, even those written as a legal agreement. Checklist for actionAdvisers should take the following action.•Consider whether emergency action is necessary (see Chapter 8).•Check liability.•Assist the client to choose a strategy from Chapter 8 as this is a priority debt.