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Family

What evidence does a support recipient need to bring to a default hearing?

TSL Written by the Treadstone Law team· Updated August 2026

At a default hearing, the recipient benefits from being able to show the court a clear, organized picture of what is owed and what has actually been paid. This generally means bringing the support order or agreement itself, a record of payments received against what was required, and any communication with the payor or the Family Responsibility Office about the arrears, including notices FRO has sent and any responses from the payor. A clear running total of the arrears, ideally consistent with FRO's own records, helps the court quickly understand the scope of the problem.

It's also useful to bring any evidence bearing on the payor's ability to pay, if known, such as information about their employment or income changes, since the court will be assessing whether the payor's explanation for the default holds up. Because default hearings are formal court proceedings and the outcome can include a repayment schedule or further enforcement measures, a recipient who isn't sure what documentation will be most persuasive, or how to present it, should get advice from a lawyer beforehand rather than walking in with an incomplete picture of the arrears.

Key takeaways

  • Bring the support order or agreement, a clear payment history, and FRO correspondence to a default hearing.
  • A running total of arrears that's consistent with FRO's own records helps the court quickly.
  • Evidence of the payor's income or ability to pay, if available, strengthens the recipient's position.
  • Getting advice on what to bring and how to present it improves the chances of a useful outcome.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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