Revised Laws of Saint Lucia (2021)

39.   Orders for repayment by reason of remarriage

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    (1)   Where—

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      (a)     an order to which this section applies has ceased to have effect by reason of the remarriage of the person entitled to payments under the order; and

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      (b)     the person liable to make payments under the order or his or her personal representatives made payments in accordance with it in respect of a period after the date of such remarriage in the mistaken belief that the order was still subsisting,

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    no proceedings in respect of a cause of action arising out of the circumstances mentioned in paragraph (a) and (b) shall be maintainable by the person so liable or his or her personal representatives against the person so entitled or her or his personal representatives; but on an application made under this section the Court may exercise the powers conferred on it by subsection (2).

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    This section applies to an order made by virtue or section 22(1)(a) or 22(1)(b) or 26(6)(a) or 26(6)(b).

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    (2)   The Court may order the respondent to an application made under this section to pay to the applicant a sum equal to the amount of the payments made in respect of the period mentioned in subsection (1)(b) or, if it appears to the Court that it would be unjust to make that order, it may either order the respondent to pay to the applicant such lesser sum as it thinks fit or dismiss the application.

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    (3)   Sections 31(2) to 31(4) shall apply to an application made under this section and to an order made on such an application as they apply to an application made under that section and to an order made on the last mentioned application.

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    (4)   The collecting officer under an attachment of earnings order made to secure payments made under an order to which this section applies is not liable for any act done by him or her after the date on which that order ceased to have effect by reason of the remarriage of the person entitled to payments under it in accordance with any enactment or rule of court specifying how payments made to him or her in compliance with the attachment of earnings order are to be dealt with, if, but only if, the act was one which he or she would have been under a duty to do had the order to which this section applies not ceased to have effect as aforesaid and the act was done before notice in writing of the fact that the person so entitled had remarried was given to him or her by or on behalf of that person, the person liable to make payments under the other to which this section applies, or the personal representatives of either of those persons.

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    (5)   In this section “collecting officer”, in relation to an attachment of earnings order, means the officer of the Court to whom a person makes payments in compliance with the order.