Which orders under this provision must the family court serve, and on whose hands must the proof of service show delivery?
General information · Not legal advice
Material to check
We check the certified copies of the order and the proofs of service returned for each recipient, since the provision names two separate persons who must be served, and the court's file has to show that both were served.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision directly: the family court must serve the order directing regular deduction and direct payment, and the order cancelling that direction, on both the child support debtor and the income tax withholding agent, so a practice file has to hold a proof of service for each of them.
Another reading notes that the provision names only the debtor and the withholding agent as persons to be served and says nothing about serving the creditor or about when service counts as complete, so the papers have to show separately what was served, on whom, and on what date.
Your judgment
If only one of the two named persons has been served, how should the file show what effect the order can still have?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add a person to be served or to set how service must be made, or if a court decision explains when service on a withholding agent takes effect.