Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 20.32

Request for Third Party Debt Notice (Form 17)
(1)
A payee may, without notice to the payer or third party, ask the court to issue a Third Party Debt Notice (Form 17) requiring the payment to the payee of any money to which this Part applies by filing:

(a)
3 copies of the Form 17; 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 Form 17 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).



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