Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 20.32

        (1)         A payee may, without notice to the payer or third party, ask a Family Court to issue a Third Party Debt Notice requiring the payment to the payee of any money to which this Part applies by filing:

        (a)         3 copies of the Third Party Debt Notice; and

        (b)         an affidavit.

        (2)         The affidavit must:

        (a)         comply with rule 20.06; and

        (b)         include the following information:

        (i)         the name and address of the third party;

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

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

        (iv)         if it is sought to attach the payer’s earnings:

        (A)         details of the payer’s earnings;

        (B)         details of the payer’s living arrangements, including dependants;

        (C)         the protected earnings rate;

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

        (E)         any information that should be included in the Third Party Debt Notice to enable the employer to identify the payer.

Note     A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 20.03).