CHILD MAINTENANCE AND ENFORCEMENT COMMISSION, CHILD SUPPORT AGENCY v. MICHAEL GORDON SMITH [2010] ScotSC 50 (28 January 2010)

CHILD MAINTENANCE AND ENFORCEMENT COMMISSION, CHILD SUPPORT AGENCY v. MICHAEL GORDON SMITH [2010] ScotSC 50 (28 January 2010)

The sheriff is obliged to grant the liability order sought by the Agency without investigating the Agency's deliberative procedures, provided the debtor is correctly identified and the amount due is unpaid, as the court is precluded from questioning the Agency's reasoning under Section 33(4).

Citation
[2010] ScotSC 50
Parties
Pursuer: Child Maintenance and Enforcement Commission, Child Support Agency; Defender: Michael Gordon Smith
Jurisdiction
Scotland
Judgment Date
28 January 2010
Procedural Posture
Summary Application Under Section 33 of the Child Support Act 1991 / Opposed Application for Liability Order
Outcome
Liability order granted in favour of the applicant.
Legal Topics
Child Support Enforcement, Liability Orders, Jurisdiction of Sheriff Court
Family Law Debt Enforcement Child Support Enforcement Liability Orders Jurisdiction of Sheriff Court

Case Brief

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Parties

Child Maintenance and Enforcement Commission, Child Support Agency

Pursuer

Michael Gordon Smith

Defender

Procedural Posture

Summary Application Under Section 33 of the Child Support Act 1991 / Opposed Application for Liability Order

Legal Issues

  1. 1 Whether the court can require the Agency to provide reasons for not making a deduction from earnings order before granting a liability order under Section 33(1)(b)(i) of the Child Support Act 1991
  2. 2 Whether the sheriff can look behind the Agency's reasoning in seeking a liability order

Ratio Decidendi

The sheriff is obliged to grant the liability order sought by the Agency without investigating the Agency's deliberative procedures, provided the debtor is correctly identified and the amount due is unpaid, as the court is precluded from questioning the Agency's reasoning under Section 33(4).

Court Disposition

Liability order granted in favour of the applicant.

Orders

  • Liability order granted against Michael Gordon Smith for unpaid child support.
  • Expenses awarded in favour of the applicant excluding the costs of the appearance on 17 December 2009.