When child support liability may be enforced
372 When child support liability may be enforced
This rule applies to a person seeking to enforce payment of a child support liability that is not an order and is not taken to be an order.
Before an enforcement order is made, the person must first obtain an order for payment of the amount owed by filing —
an application in a case and an affidavit setting out the facts relied on in support of the application; and
if the payee is the Child Support Agency or is seeking to recover a liability under the Child Support (Registration and Collection) Act section 113A, a certificate under section 116 of that Act.
A payee who seeks to recover a child support liability in the payee’s own name under the Child Support (Registration and Collection) Act section 113A must attach to the affidavit filed with the application a copy of the notice, given to the Child Support Agency, of the payee’s intention to institute proceedings to recover the debt due.
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