3. Court proceedings
If the paying parent who owes the child support debt does not respond to our letter we may advise initiating court proceedings.
It is highly advisable to get competent legal advice before commencing any court proceedings. Court proceedings may be expensive and time-consuming. If you decide to proceed with a court application and you are not successful in proving your case, a court may order you to pay the costs incurred by the other party for the court proceedings, as well as being responsible for your own legal costs.
To begin court proceedings, we will work with you to file the following documents:
- Initiating Application (Family Law)
- Financial Statement
- Enforcement Warrant — Seizure & Sale of Property (if the person who owes the debt owns any personal or real property)
- Third-Party Debt Notice (if the person who owes the debt is owed money by someone).
These documents are witnessed by your lawyer and then filed at the Family Law Courts Registry.
There must be four copies filed of these documents—one for the court to keep, one for your file, one to be served on the DHS and one to be served on the paying parent who owes the child support debt. The court will stamp (seal) the documents and provide a court hearing date.