Air Force Act 1955

151 Deductions from pay for maintenance of wife or child

(1) Where the Air Council or an officer authorised by them are satisfied that an officer, warrant officer, non-commissioned officer or airman of the regular air force is neglecting, without reasonable cause, to maintain his wife or any child of his under the age of sixteen the Air Council or officer may order such sum to (be deducted from his pay and appropriated towards the maintenance of his wife or child as the Air Council or officer think fit.

(2) On an application made to the Air Council or an officer authorised by them for an order under the last foregoing subsection the Air Council or officer, if satisfied that a prima facie case has been made out for the making of such an order, may make an interim order for such deduction and appropriation as is mentioned in the last foregoing subsection to take effect pending the further examination of the case.

(3) Where an order is in force under subsection (1) or subsection (3) of the last foregoing section for the making of deductions in favour of any person from the pay of an officer, warrant officer, non-commissioned officer or airman of the regular air force, no deductions from his pay in favour of the same person shall be ordered under the foregoing provisions of this section unless the officer, warrant officer, non-commissioned officer or airman is in a place where process cannot be served on him in connection with proceedings for the variation of the order of the court in consequence of which the order under the last foregoing section was made.

(4) The Air Council or an officer authorised by them may by order vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspense at any time while the person against whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section one hundred and forty-five of this Act.

(5) The power to make an order under this section for the deduction of any sum and its appropriation towards the maintenance of a child shall include power—

(a) subject to the provisions of subsection (3) of this section, to make such an order after the child has attained the age of sixteen, if an order in favour of the child is in force under subsection (1) or subsection (3) of the last foregoing section; or

(b) to make such an order after the child has attained the age of sixteen if—

(i) such an order of the court as is mentioned in subsection (1) of the last (foregoing section was in force in favour of the child at the time when the child attained that age, and

(ii) the person from whose pay the deductions are ordered is in such a place as is mentioned in subsection (3) of this section, and

(iii) the child is for the time being engaged in a course of education or training ; or

(c) to continue such an order from time to time after the child has attained the age of sixteen, if the child is for the time being engaged in a course of education or training;

but no order so made or continued shall remain in force after the child attains the age of twenty-one or shall, unless continued under paragraph (c) of this subsection, remain in force for more than two years.