1.1.C.180 Collection agency maintenance liability

Definition

Before the child support (1.1.C.60) scheme was established, there were different arrangements in each Australian state and territory for collection of maintenance. Where a state or territory collection agency was responsible for collecting a person's liability to pay a periodic amount (1.1.P.80) of maintenance for their step-child, child, spouse or former spouse (but not a de facto spouse), that liability meets the definition of a registrable maintenance liability (1.1.R.40). A collection agency maintenance liability does not have to arise under a court order.

In relation to a state or territory, a collection agency maintenance liability means a liability:

• that is a liability of
  • a parent (1.1.P.10) of a child to pay a periodic amount (1.1.P.80) for the maintenance of the child
  • a step-parent of a child to pay a periodic amount for the maintenance of the child, or
  • a party to a de facto relationship to pay a periodic amount for the maintenance of the other part to the de facto relationship, whether or not the liability arises under a court order or court registered maintenance agreement, and
• in relation to which collection nor recovery action is being conducted by or under the control or supervision of, established under the law of the state or territory.

The CSRC Act provides for a collection agency maintenance liability to be a registrable maintenance liability.