Rule 3.48 Application under Article 32L of the Order of 1991

Northern Ireland

(1)

An application for an order preventing avoidance under Article 32L of the Order of 1991 shall be made by originating summons in Form CS1 issued out of the Matrimonial Office and shall be supported by an affidavit by the applicant.

(2)

The affidavit in support shall—

(a)

include the following information—

(i)

the name and address of the person who owes child support maintenance;

(ii)

the amount of outstanding child support maintenance and the period during;

(iii)

which that amount has been outstanding;

(iv)

any steps taken to date to enforce payment of the amount of outstanding child support maintenance;

(v)

in the case of applications made without notice, the reasons why notice has not been given;

(b)

where the application relates to land—

(i)

state, if known to the applicant whether the title to the land is registered or unregistered and, if registered, the Land Registry folio number;

(ii)

give particulars, so far as known to the applicant, of any mortgage, charge or lien whatsoever on the land or on any interest thereon;

(c)

in the case of an application under Article 32L(2) of the Order of 1991, state the name and address of the person in whose favour the reviewable disposition is alleged to have been made; and

(d)

state the facts relied on in support of the application including—

(i)

in the case of an application under Article 32 L(1) of the Order of 1991, the proposed disposition or other dealing with property which would have the consequence of making ineffective a step that has been or may be taken to recover the amount of outstanding child support maintenance;

(ii)

in the case of an application under Article 32L(2) of the Order of 1991, the disposition which is alleged to be reviewable and has had the consequence of making ineffective a step taken or which may have been taken to recover the amount of outstanding child support maintenance.

(3)

Where the applicant is not relying on evidence to give rise to the presumption under Article 32L(7) of the Order of 1991 that the person who disposed of or is about to dispose of or deal with property did so or, as the case may be is about to do so, with the intention of avoiding payment of child support maintenance, then the applicant must give other evidence supporting the person’s intention of avoiding such payment.