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Child Support Services Policy

Published Date: November 01, 2010
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04 Court

Court Planning

Adjournments and Other Outcomes

IESA Section 29


INTENT

To help case management decisions by providing an overview of requests Child Support Services (CSS) may make to the court.

POLICY

On a List Date, the court is most often requested to grant an order for child support either with the consent of the respondent or following a hearing at the end of the List. If a hearing takes place, the court relies on the applicant’s sworn Affidavit, the worker’s affidavit and may require oral evidence from the Child Support Worker (CSW).

However, the Court can also be asked to deal with a matter in circumstances where on-going child support is not requested by the CSW on that List Date.

Court Orders

Substitutional Service Order
The Document Service Provider is not able to personally serve the respondent. Information presented to the court enables the judge to grant an order for substitutional service.

DNA Testing Order
The order states payment for the DNA testing must be paid by a specified date. An adjournment date is given for either a List Date or a trial date to deal with the results of the testing.

The Substitutional Service Order and the DNA Testing orders are the most commonly obtained orders prior to obtaining a support order. However, other circumstance may arise that will lead the CSW to request other orders from the court.

Order that sets a Trial Date or Adjournment Date for Support
The respondent is in court on the List Date and is unwilling to consent to the matter. The court wants to hear applicant oral evidence or the court does not have time to consider sworn affidavit evidence at a hearing on the List date.

Order that sets a Trial Date for Support (in the absence of the respondent)
The respondent was personally served or served under a Substitutional Service Order and is not present in court on the List Date. The court wants to hear applicant oral evidence or the court does not have time to consider sworn affidavit evidence at a hearing on the List Date.

or

The court has previously found the respondent to be a parent. The respondent does not appear in court on the adjournment date to settle the matter of support. The court wants to hear applicant oral evidence or the court does not have time to consider sworn affidavit evidence at a hearing on the List date. A trial date is set in the respondent’s absence.

Order that finds the Respondent is a Parent and sets a Trial Date for Support
The respondent is present in court on the List Date and agrees they are a parent but does not agree to support. The court wants to hear applicant oral evidence or the court does not have time to consider sworn affidavit evidence at a hearing on the List Date. An order is granted that includes a finding of parentage and sets a trial date to deal with support.

Other Decisions

Matter Adjourned Sine Die
The CSW asks the solicitor to request the matter be adjourned sine die when:

  • The respondent agrees to parentage, but has no ability to pay child support. The court is asked to grant a Support Order that includes a finding of parentage, and the matter of support is adjourned sine die, or
  • The couple have reconciled, or
  • The applicant is no longer receiving assistance and the applicant has stated they do not want to proceed with the support action or the applicant cannot be contacted to confirm their cooperation with CSS, and
  • A Term Order for Former Assistance Clients for the most recent period the applicant was on assistance is not warranted by the case circumstances. [IESA Section 29 (9)]


Matter Withdrawn
The CSW asks the solicitor to request the matter be withdrawn when:

  • The respondent is deceased, or
  • The dependant is deceased or adopted, or
  • The DNA testing excludes the respondent as the responsible parent, or
  • The respondent signed a CSS 0045 Support Agreement before the court hearing.