Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 11.03

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--Enforcement 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 the payee's own name under section 113A of the Registration Act 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.

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



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