Family Court Rules 2021

A payee may, without notice to the payer or third party, ask a court to issue a third party debt notice requiring the payment to the payee of any money to which this Division applies by filing —

3 copies of the third party debt notice; and

an affidavit.

The affidavit must —

comply with rule 375; and

include the following information —

the name and address of the third party;

details of the debt to be attached to satisfy the obligation, including its nature and amount;

the information relied on to show that the debt is payable by the third party to the payer;

if it is sought to attach the payer’s earnings —

details of the payer’s earnings; and

details of the payer’s living arrangements, including dependants; and

the protected earnings rate; and

the amount sought to be deducted from the earnings each payday; and

any information that should be included in the third party debt notice to enable the employer to identify the payer.