When may the head of the child support payment agency investigate a support debtor's income, property and ability to pay, and how far may that reach?
General information · Not legal advice
Material to check
For this exercise, the practice file holds the written notice the Agency head sent the debtor, dated, any record of support actually being paid, and the application to the family court to inspect a related case record, together with the presiding judge's permission on it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading makes the investigation the Agency head's duty, tied to two conditions in sequence: the written notice under this provision must already have been sent, and support must still be unpaid within the period the provision sets after it. The investigation then covers the debtor's income, property including virtual assets, and other matters bearing on the ability to pay.
Another reading marks the outer edge of that reach: the provision allows the Agency head to apply to inspect the records of a related family case only where necessary, and only after showing an interest in the procedure under the Family Litigation Act and obtaining the presiding judge's permission, so those records are not open to inspection by default.
Your judgment
How could the file show that support went unpaid within the period the provision sets, and that inspecting the related case records was necessary rather than merely useful?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change the trigger for investigation or the period before it begins, or if a court decision sets what showing of interest and what permission are needed to inspect a related family case.