3 Registrable Maintenance Liabilities
The CSRC Act provides for various liabilities to be registered for collection by the Registrar.
Child support assessments made under the CSA Act are registrable maintenance liabilities.
From 1 January 2007, the Registrar can register for collection an order made under section 143 of the CSA Act requiring a former payee to repay to a former payer a specified amount of child support for a child of whom the former payer is not the parent. These registrable debts are referred to as parentage overpayments.
Where parents or children are not eligible for an assessment under the CSA Act, child maintenance in Australia is determined by the courts on a case-by-case basis. Financial support for children is determined under the FL Act along with other issues arising from family breakdown including spousal maintenance.
Parties may apply to court for a court order for maintenance or a court registered maintenance agreement. These cases are referred to as Stage 1 cases.
The Registrar can register overseas maintenance liabilities arising in a reciprocating jurisdiction for collection, in the same way that Australian court orders and child support assessments are registered.
Once the Registrar has registered an overseas maintenance liability for collection, the liability must be administered in the same way that Australian child support assessments and orders are administered. In most ways, the Registrar administers these cases in the same way as Australian Stage 1 liabilities, however there are some important differences.
The chapters in this part describe the types of registrable maintenance liabilities, notification requirements, how court orders are varied and some hints on how to interpret difficult clauses and commonly used expressions. The registration of overseas child support orders, court registered agreements and liabilities is also described.