3.2.2 Court Orders & Arrears

Context

A court can make an order, or register a maintenance agreement, which deals with arrears accrued under an earlier order or court registered agreement. Sometimes the earlier order or agreement is already registered for collection by DHS.

Act references

CSRC Act section 28

Description

The Registrar sometimes receives court orders and agreements that provide for payment of arrears (and possibly a schedule for payment of the arrears) that relate to a period before registration. The Registrar also sometimes receives court orders and agreements that vary an earlier order by reinstating arrears that were previously discharged.

Orders about arrears are not orders that give rise to a periodic maintenance liability. The order may vary the liability arising under an earlier order, or simply give instructions about the repayment of the arrears.

If the Registrar receives an order about arrears in a case that is already registered for collection, the later order will be implemented by varying the Child Support Register where appropriate (see 3.5 on interpreting court orders for more information).

If the Registrar receives an order about arrears in a case that has not previously been registered for collection, the ongoing liability will be registered for collection. See 5.1 for information about the date from which the Registrar will collect child support.

Last reviewed: 16 May 2016