Can a Parent Refuse to Pay Child Support in Australia? Insights from a Family Lawyer
What Does Child Support Entail?
According to Services Australia, there are two types of child support you can choose between: self-managed child support and a child support assessment. Let’s explore these two types of child support.
Self-Managed Child Support
This form of child support means you and the other parent will be managing all of the payments on your own, including everything about how and when they occur. You and your ex-partner will need to agree on:
- How much the payments are
- How often the payments occur
- How the payments are made
Even though you are managing this all on your own, you will still need to inform Services Australia that you have chosen this method.
Child Support Assessment
If you don’t want to self-manage, then you can apply for a child support assessment. Services Victoria will use a formula (as set out by Australian law) to determine how much needs to be paid to the parents acting as the primary caregiver.
To find out about how a child support assessment will work, including what you need to do and how long it will take, please read the appropriate sections on Service Victoria’s website. And keep in mind that if you don’t agree with the amount decided on, you are allowed to object.
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What are the Laws Regarding Child Support in Australia?
When two parents separate, Australian law dictates that, unless it will negatively impact the welfare of the child, that both parents should maintain a meaningful relationship with their child. Child support payments generally need to be made until the child turns 18 (unless they are disabled, ill or studying), and this law applies whether the child is related biologically to the parents or has been adopted by them.
Make sure to read the Child Support (Assessment) Act 1989 for all the details.
What Happens if One Parent Refuses to Pay Child Support?
If one parent refuses to begin or stops paying child support payments to the primary caregiver, then there are a few ways that the Department of Human Services Australia can chase up the funds. These funds will accrue debt the longer they remain unpaid, and these extra debts will go to the government, not the other parent, so it is in everyone’s best interest to get payments flowing again as soon as possible!
Money Will be Taken from Paychecks, Bank Accounts or Tax Refunds
If the parent who is refusing to pay has enough money in their bank account, or has a steady supply of income from their job, then the money will be taken from these sources directly. The employer will need to deduct the child support money from the parent’s wages if applicable.
The Australian Taxation Office (ATO) can also intercept funds from a tax refund and redirect them towards the parent who is waiting for their child support payment.
Property and Assets Taken for Payment
If legal action needs to be taken, then the parent seeking payments will need to go to court. If they are successful, then the court can issue orders to seize property, including houses and apartments, and assets, like motor vehicles, to help pay for the missing child support.
Travel Ban
If one parent owes significant child support to the other, then a Departure Prohibition Order may be placed upon them. This order can affect both Australian nationals and foreign nationals as long as they are liable to pay taxes in this country.
The travel ban can be lifted by the Commissioner or the Court once the payments have been made or, in extreme cases, if they judge that the money is deemed to be completely irrecoverable.
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FAQS About Child Support
There is a lot of information out there regarding child support, and Services Australia is the best official source to go to. But, if you’re struggling to make sense of it all, these frequently asked questions may help you!
- What is a non-parent carer, and how does child support factor in here?
If neither parent is able to take care of the child and a third party, such as a grandparent or other legal guardian, steps up to take care of them, then this person will be known as the ‘non-parent carer’. The non-parent carer is also allowed to receive child support payments from both parents to help them look after the child, as long as they:
- Look after the child for at least 128 days per year
- Are not the spouse of either of the parents
If the identity of one parent is unknown, if they are overseas, or if they have died, then payments will only be collected from the single parent.
A child support assessment will be needed to discover the correct payments to be made in this situation. The income of the non-parent carer will not be taken into account in this case–rather, the assessment will be made based on the levels of care provided by the non-parent carer in comparison to the parents themselves.
- My ex-partner lives overseas. How will child support work for us?
If the other parent lives in another country, it can be hard to collect child support. In these cases, as well as if you are the one living outside the country but need to receive payments from the parent living in Australia, you’ll need to contact Services Australia on their child support enquiry line.
Whether or not the other parent is living in a reciprocating jurisdiction (a country that Australia has child support arrangements with) can play a big part in how hard or easy it is to set up child support payments with the other parent. You can see the full list of reciprocating jurisdictions here.
Please note that, if the other parent is living in New Zealand, there are special circumstances in place. Make sure to read the page on Services Australia about Arrangements Between Australia and New Zealand to find out more.
- What kinds of fraud can be at play when a parent tries to dodge child support payments?
If your ex-partner is trying to get out of paying their child support payments through fraud, then you will need to report it. If you are having trouble getting the other parent to pay their due child support, they may be:
- Claiming the child is in their care when they aren’t
- Under-reporting how much they earn, including their assets
- Colluding with their employer or misleading their employer
- Using false names on important documents like bank statements and payslips
- Knowingly creating misleading or false statements about their situation
All of these are ways parents may try to get out of paying all or some of their owed child support. You can call the fraud tip-off line or fill out the report fraud online form if you have suspicions, but be aware that if you aren’t able to give enough information, then the investigation may not succeed.
If you want to read more about child support, you can go to the Victorian Legal Aid website and read up on their page concerning child support.
Navigate Family Law With Bentleys Barristers & Solicitors
Family law requires a sensitive touch, as the matters involved can severely impact both parents and children for life. If you need a divorce or child custody lawyer in Melbourne, then the team at Bentleys Barristers & Solicitors have decades of combined experience in this area. Every member of our legal team specialises in Family Law and can help you and your partner reach the best possible outcome for your child or children.
We offer free consultations and affordable fees, and have a huge amount of dependable resources at our disposal. You can trust us to handle your child support case with professionalism and grace, no matter the circumstances.
Please get in touch by calling (03) 9419 6066, emailing us at info@bentleyslaw.com.au or using our online form to leave us a message. We will get back to you regarding your case and how to proceed as soon as possible.
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