Child Maintenance Flashcards
What acts govern child maintenance?
Child Support Rules 1991
Act of Sederunt (Child Support Rules) 1993
Maintenance Orders Act 1950
What allows the Secretary of State to charge someone to pay and recover the sum due
Liability order
How can the Secretary of State recover debt after a liability order is granted?
Attachment, arrestment or inhibition
Can the Secretary of State use an earnings arrestment to recover debt due?
No, as they are unable to make deductions from earnings order.
What can the Secretary of State do if an amount remains unpaid?
Apply to the court to have the person committed to prison or disqualified from from driving or holding/obtaining a uk passport
How is an application for a liability order done?
Summary Application in Form 2-A
What form is served on the liable person after a liability order is granted?
Notice in Form 2-B
What must the liable person do if they wish to object to a liability order?
Complete a Form 2 and send to sheriff clerk within 21 days after service.
What form is used for a liability order
Form 2-C
What form is used for the extract of a liability order?
Form 2-D which may not be issued within 14 days of the sheriff making the order.
What form is used for a charge for payment in regards to a liability order?
Form 4
How is an appeal against an earnings order lodged?
Summary Application in Form 5.
How is an application to commit someone to prison or disqualify from driving done?
Summary Application and citation of a person shall be in Form 5A
How is an application to disqualify someone from holding/ obtaining a uk passport?
Summary Application and citation of a person shall be in Form 5AZA
When a sheriff issued a warrant to arrest someone for failure to appear after being cited, what form is used?
A warrant issued shall be in Form 5B
