How To Recover Maintenance Arrears

Serve the maintenance debtor and provide proof of service

A member of Court Service staff will return two copies of the summons and application form to you. Send one copy of the summons and application form to the maintenance debtor. This is called serving. These documents must be served by personal service at least 14 days before the court date.

If you cannot serve the summons and the application form by personal service, you can ask the District Court Clerk to seek a direction from a judge to allow service by another method. This is called an application for substituted service. A judge will decide if another form of service is acceptable, such as by registered post, ordinary post or email. If the judge grants this request, you can serve the summons by the agreed method.

You must also provide proof that the documents have been served on the maintenance debtor. This is called proof of service. To provide proof of service, you must fill out and declare a form called a Statutory Declaration of Service. This is a declaration verifying that the documents were served on the maintenance debtor. This form must be signed and declared in the presence of a solicitor (but not your own solicitor), a Commissioner for Oaths or a Peace Commissioner.

More information on service and proof of service >