Chapter 49 - Family actions - Part VIII - Actions of aliment
Interpretation of this Part
49.54. In this Part, "action of aliment" means a claim for aliment under section 2(1) of the Act of 1985.
Undefended actions of aliment
49.55.-(1) Where a motion for decree in absence is enrolled in an action of aliment, the pursuer shall, on enrolling the motion, lodge all documentary evidence of the means of the parties available to him in support of the amount of aliment sought.
(2) Where the court requires any appearance for the pursuer, the cause shall be put out for hearing on the Motion Roll.
Applications relating to aliment
49.56.-(1) An application for, or for the variation of, an order for interim aliment in an action of aliment depending before the court shall be made by motion.
(2) Written intimation of a motion under paragraph (1) shall be given not less than seven days before the date on which the motion is enrolled.
(3) An application after final decree for the variation or recall of an order for aliment in an action of aliment shall be made by motion; and rule 49.43 (applications after decree relating to aliment) shall apply to a motion under this paragraph as it applies to a motion under that rule.
(4) A person-
(a) to whom an obligation of aliment is owed under section 1 of the Act of 1985,
(b) in whose favour an order for aliment while made under the age of 18 years was made in an action of aliment, or
(c) who seeks, after attaining that age, an order for aliment against the person in that action against whom the order for aliment in his favour was made,
shall apply by minute in the process of that action.(5) An application for interim aliment pending the determination of an application under paragraph (4) shall be made by motion.
(6) Where a decree has been pronounced in an application under paragraph (3) or (4), any application for variation or recall of any such decree shall be made by motion; and rule 49.43 (applications after decree relating to aliment) shall apply to a motion under this paragraph as it applies to a motion under that rule.
Applications relating to agreements on aliment
49.57. An application under section 7(2) of the Act of 1985 (variation or termination of agreement on aliment) shall be made by summons or in defences in a family action, as the case may be.
