Key takeaways
- Ensure any agreement about the payment of child support is formally recorded, whether by way of a Child Support Agreement or under an administrative assessment issued by the Child Support Agency: doing so will ensure there is a legal basis to enforce child support payments.
- Documentation is crucial: keeping detailed records of missed payments and communications between you and your co-parent will assist your case.
- In some cases, the Child Support Agency can help with the recovery of unpaid child support: they have the tools and authority to collect unpaid periodic child support from the non-paying parent.
- In some cases, further legal action may be necessary: consulting a family lawyer can help you to understand your options about enforcing payments, particularly non-periodic child support payments or payments to third parties.
- Consequences for non-payment: non-paying parents can face serious consequences for failing to meet their child support obligations.
Dealing with a co-parent who isn’t paying child support can be stressful. It’s not always about the money; it’s about ensuring your child gets the support they are entitled to.
This guide covers actions to address unpaid child support, whether that be contacting the Child Support Agency, pursuing legal action or negotiating the terms of a Child Support Agreement with your co-parent for the ongoing payment of child support.
Our goal is to provide the tools to ensure your child receives the financial support they’re entitled to through accurate child support assessment and by addressing child support debt.
Formally document your agreement about child support
In order to be able to enforce the payment of child support by your co-parent, child support obligations should be formally recorded either by way of an administrative assessment issued by the Child Support Agency or a Binding Child Support Agreement.
If you and your co-parent are unable to reach an agreement about how much child support is to be paid, you can approach the Child Support Agency and apply for an administrative assessment.
In calculating the child support payable under the administrative assessment, the Child Support Agency uses a formula, taking into account your respective incomes and the time that your child spends with each of you, and determines the amount of child support that is to be paid, and to whom. It provides for the payment of periodic support only.
If there is an administrative assessment in place, the Child Support Agency is then able to assist with the recovery of any unpaid periodic child support owing under it.
If you and your co-parent are able to negotiate and reach an agreement about the payment of child support, that agreement can be recorded in a Binding Child Support Agreement, which can remain in place until your child turns 18 or finishes school. Binding Child Support Agreements can provide for the payment of periodic child support and/or the payment of other expenses such as private school fees, extracurricular or medical expenses for your child.
Binding Child Support Agreements are submitted to the Child Support Agency for acceptance for registration, and once accepted, can be enforced. Binding Child Support Agreements can also be registered with the Court.
Binding Child Support Agreements require both parents to obtain independent legal advice, prior to signing, so you will need to consult a family lawyer to assist with the preparation and execution of a Binding Child Support Agreement.
It is important that you keep a copy of your most recent administrative assessment or Binding Child Support Agreement or so that you can ensure that you are receiving the child support that you are entitled to receive for your child.
Contact the Child Support Agency about missed payments
If your co-parent does not pay periodic child support in accordance with the administrative assessment or pays less child support than they are required to pay, it’s time to involve the Child Support Agency.
What is the Child Support Agency?
The Child Support Agency is part of Services Australia, a Government Agency. The Child Support Agency administers the child support scheme to ensure that parents contribute to the costs of raising their children after separation.
The Child Support Agency provides services to help parents meet their child support obligations, including calculating, collecting, and distributing periodic child support payments.
How can the Child Support Agency help?
The Child Support Agency has the authority and tools to help you collect outstanding periodic child support owing under an administrative assessment.
For example, the Child Support Agency is able to recover unpaid child support by garnishing wages, intercepting tax refunds or by making a Departure Prohibition Order, preventing a parent from leaving Australia until the outstanding child support is paid or until proper payment arrangements are in place.
Keep detailed records of all missed payments and any communication with the co-parent. Include the due date, amount due, and any reasons the co-parent gave for not paying. Save all texts, emails, and letters between you and your co-parent about child support payments.
The Child Support Agency will review the information and documentation that you provide and decide on the enforcement measures necessary for you to receive the outstanding child support for your child.
What if the Child Support Agency can’t help?
If the Child Support Agency is not able to help for any reason, you should consult with a family lawyer to understand the options available to you.
It is particularly important if you are seeking to enforce the terms of a Binding Child Support Agreement.
Consult with a family lawyer about other options to recover missed payments
In some cases, it may be necessary to make an application to the Court to recover unpaid child support. If you are required to do so, a specialist family lawyer can help you to navigate this process.
If the Court is satisfied that the paying parent has not met their child support obligations, the Court may make Orders requiring the payment of the outstanding amount.
If the paying parent continues to ignore Court Orders, the Court may make further Orders for the sale of property owned by the paying parent, and for any proceeds of sale to be applied to meet the outstanding child support.
In some cases, it is also possible for the Court to make Orders ‘departing’ from the administrative assessment issued by the Child Support Agency, requiring the payment of a higher or lower amount of child support, or for the payment of additional expenses for a child, such as private school fees or medical costs.
What happens if you don’t pay child support?
If you are required to pay child support, there can be serious consequences of your failure to meet your child support obligations.
What are the potential consequences of non-payment?
If the child support debt continues to grow, the Child Support Agency may take recovery action via their administrative processes, allowing them to recover unpaid child support by garnishing wages, collecting payments from social security benefits or intercepting tax refunds. In the case of a persistent failure to pay child support, the Child Support Registrar may make a Departure Prohibition Order, preventing a parent from leaving Australia until the outstanding child support is paid or until proper payment arrangements are in place.
If the Child Support Agency is unable to recover the arrears through the administrative processes, the Child Support Agency may take steps to recover the unpaid child support through court processes, allowing them to obtain Judgment against the paying parent for the outstanding amount or to reverse transactions intended to defeat the recovery of child support arrears. It is also possible for the paying parent to be declared bankrupt, as a consequence of their failure to meet their child support obligations, with outstanding child support then recovered during the period of their bankruptcy.
What if I am unable to pay the outstanding child support due to financial hardship?
If you are experiencing financial hardship and are unable to pay the outstanding child support, you should discuss your circumstances with the Child Support Agency. The Child Support Agency may help with setting up alternate payment arrangements, or work with both parents to find a solution that ensures the child is receiving financial support and addresses any financial hardship you might face.
What if I am unable to pay the child support required under the Binding Child Support Agreement?
If you are experiencing financial hardship and are unable to pay the child support required under the terms of your Binding Child Support Agreement, you should immediately consult with a specialist family lawyer to discuss your options.
FAQs
Securing Your Child's Future
Facing a co-parent who hasn’t paid child support can be tough, but you don't have to do it alone. By taking the proper steps and using available resources, you can enforce the payment of child support and ensure your child receives the financial support they are entitled to.
If you are unsure about your options or where to begin, consult with a specialist family lawyer to seek proper and helpful legal advice about your circumstances and the enforcement options available to you.
