How to dispute child support decisions

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If you do not agree with a child support decision you may appeal to have this decision reviewed.

Australia Family and Matrimonial

If you do not agree with a child support decision, including the amount that has been set to be paid, you may appeal to have this decision reviewed.

Cause for objections include:

Information is wrong or outdated
All the facts have not been considered
Important details have been missed
The law has been applied incorrectly

If a parent is not satisfied with a decision made by Services Australia it can be appealed internally, within the Child Support Agency (CSA), or externally, by the Administrative Appeals Tribunal (AAT). A decision by the AAT can be appealed in court if necessary.

If you are disputing a child support decision, it is wise to ensure that your appeal is well laid out and the facts are well presented. Family lawyers are skilled at ensuring that all the relevant facts are incorporated and conveyed clearly to give your appeal the best chance of success.

Time limits for disputing a decision

Generally, this objection must be lodged within 28 days of the date of the decision. However, if the parent objecting lives overseas, they have 90 days from the date of the decision to lodge an objection. Decisions regarding the care of the child are not subject to time limits and can be lodged anytime.

If a parent does not lodge an objection within 28 days (or 90 days if the parent is residing overseas) of the decision. In some circumstances extensions of time may be granted and a family lawyer can help seek an extension.

What happens if someone doesn't pay child support?

Child support can either be collected privately, or by the Department of Human Services (DHS), on your behalf.

If your child support agreement is registered with the DHS, they then are responsible for recovering owed child support amounts and has wide collection powers.

If the payee lives overseas, agreements between Australia and the nation they are residing in will govern the DHS's powers of collecting the owed child support. Our lawyers can assist in navigating discussions with DHS or CSA to assist in this complex process. It is highly recommended that you obtain legal advice in this instance.

If privately collected payments are not made, you can ask the DHS to collect up to 3 months, or 9 months in exceptional circumstances.

If your ex-partner is not paying child support – speak to our family lawyers about your options. They are skilled in helping to efficiently recover unpaid child support payments and obtain or enforce court orders.

Quite often once lawyers are engaged in the process, it can change the tone of matter and force the other party to engage with you with more urgency.

What happens if I can't pay child support?

If your financial circumstances change and you are struggling to afford child support, you must act as soon as possible. Giving yourself more time and options to discuss and consider your options.

If child support is not paid and the payor has not notified the CSA of a change of circumstances, the CSA may take various disciplinary and debt collection methods, such as:

penalties added to the outstanding amount (paid to the Australian Government)
interception of tax refunds;
bank account deductions;
income support payment deductions;
issuing overseas travel bans;
litigation and;
prosecution (in extreme circumstances)

How do I protect myself?

If your financial circumstances have changed, contact the Child Support Agency (CSA)Contact the CSA immediately, or within 14 days at the latest.
If your income has changed, or you have lost your job, the CSA can reassess your child support obligations.
If you're in debt because of your child support obligations, let the CSA know that you are behind.
The CSA can organise a payment arrangement to help you catch up with your payments.
For more information about this, see Services Australia
Speak to an experienced family lawyer. Getting expert advice will save you time and money. Family lawyers know how to navigate all the issues and can provide clear guidance and remove the unknowns and give you back some certainty.

Resolve Disputes Faster With Expert Family Lawyers

Experience in law matters. At PCL Lawyers we understand clients want their issues resolved quickly and decisively. Our team can work with you and provide you with the best outcome for your circumstances especially in family law disputes about child support payments in Australia.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.