The Law Handbook 2024

Chapter 4.2: Parental responsibilities and child support 273 • if a person disputes Services Australia’s acceptance or refusal of an application for assessment on the basis of paternity issues. The court will decide the parentage dispute and declare if a person should or should not be assessed in respect of the costs of a child (ss 106A, 107 Assessment Act); • if a person is found to not be the father, the court will decide if an order should be made for repayment of the child support wrongly paid (s 143 Assessment Act). The amount ordered to be repaid is able to be registered for collection by Services Australia (s 17A Collection Act); • if a parent seeks an order for child support to be paid in a lump sum or other non-periodic amount (s 123 Assessment Act); • to set aside a child support agreement where parents cannot agree to change or end a child support agreement (s 136 Assessment Act); • to depart from a child support assessment if Services Australia or the AAT says the case is too complex or both parents have another application in court and the court is satisfied that it would be in their interest to consider both matters together, and there are special circumstances (s 116(1) Assessment Act); • to obtain the court’s permission to extend the time to change an assessment beyond 18 months and up to seven years (s 111 Assessment Act); • to appeal an AAT decision on a question of law (s 44(1) Administrative Appeals Tribunal Act 1975 (Cth) (‘ AAT Act ’)); • to appeal to the FCFCOA against a DPO (s 72Q Collection Act) (see ‘Departure prohibition order’, below); • to enforce unpaid child support (see ‘Enforcement order’, below); • to temporarily stop an assessment, collection or payment of child support (also known as a ‘stay order’). This can happen where there is an application to Services Australia, the AAT, or the court, which has not yet been decided. The court is able to make a stay order if it considers that it should do so, taking into account the interests of those who may be affected (s 111C Collection Act; s 44A(2) AAT Act). You should get legal advice to make sure you have correctly applied to the court, within the time allowed. If your application is incorrect, it may be dismissed and the court may order you to pay the legal costs of the other party. Collecting child support Private collection Parents can arrange private collection where payments – set by an order, assessment or agreement – are paid by one parent directly to the other parent. It is wise to keep receipts or a record of payments as proof of payment. If private collection arrangements are not working, contact Services Australia (see ‘Contacts’ at the end of this chapter) to take over the collection of child support payments (s 39 Collection Act) (see ‘Child support collection by Services Australia’, below). If you have concerns of violence or threats from the other party, contact Services Australia and/or Centrelink. It may be recommended that your child support case be registered for collection with Services Australia, or you be exempted from pursuing the father for child support. If you receive the Family Tax Benefit ( FTB ), to avoid being overpaid, ask Centrelink to pay your FTB by the disbursement method and ask Services Australia to collect your child support. If you do not ask for your FTB to be paid by the disbursement method and for Services Australia to collect your child support, Centrelink will re-calculate your FTB for past years if the payer’s tax returns show income higher than the assessment as it is assumed that you are entitled to receive more child support. You can personally take court action to recover any child support that has not been paid (s 113A Collection Act) (see ‘Enforcement order’, below). However, note that you are responsible for your own legal costs. You must also notify Services Australia within 14 days of any court orders that are made. Child support collection by Services Australia If requested, Services Australia can collect periodic child support, adult child and spousal maintenance payments, and repayment of wrongly-paid child support. In some instances, overdue payments may also be collected (s 28A Collection Act). Services Australia will need details of the relevant assessment, agreement or court order (ss 23, 25 Collection Act). Methods of Services Australia collection include deduction from salary, wages or Centrelink pensions and benefits, collection from another person who holds money on behalf of a parent or interception of