Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 25B.09

When a child support liability may be enforced

             (1)  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.

             (2)  Before an enforcement order is made, the person must first obtain an order for payment of the amount owed by filing:

                     (a)  an application in a case and an affidavit setting out the facts relied on in support of the application; and

                     (b)  if the payee is the Child Support Agency or is seeking to recover a liability under section 113A of the Registration Act--a certificate under section 116 of the Registration Act.

             (3)  A payee who seeks to recover a child support liability in his or her own name under section 113A of the Registration Act must attach to the affidavit filed with the application a copy of the copy notice, given to the Child Support Agency, of his or her intention to institute proceedings to recover the debt due.

Note 1:       After the Court has ordered payment of the amount owed, it may immediately make an enforcement order (see rule 25B.11).

Note 2:       A payee who is enforcing a child support liability must notify the Registrar in writing of his or her intention to institute proceedings to recover the debt due (see subsection 113A(1) of the Registration Act).



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