The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.C.90 Child support debt

Definition

A child support debt is an amount due to the Commonwealth under a registrable maintenance liability (1.1.R.40) that is registered for collection under the CSRC Act.

When a registrable maintenance liability is registered for collection under the CSRC Act, the particulars of the liability are entered into the Child Support Register (1.2.1.10). Some of the particulars that get entered into the Register determine when the amounts are payable to the Commonwealth.

Where a liability to pay periodic amounts (1.1.P.80) is to be registered, the periodic amounts must be converted into a rate of payment in respect of a payment period (1.1.P.50). Amounts are payable to the Commonwealth based on the payment rate for the payment period. The payment period for a liability will vary based on the type of liability and the method of collection (for example, employer withholding (1.1.E.20) or voluntary payments) and this will affect when an amount becomes a debt due to the Commonwealth.

There may also be an initial period that is entered into the Register when the liability is registered. The initial period is the period between when the liability first becomes enforceable and when the first payment period commences.

Unpaid amounts owing to a person under a child support assessment (1.1.C.70) from a private collect (1.1.P.110) period are not child support debts owed to the Commonwealth. A person entitled to amounts under a child support assessment in a private collect arrangement can take action to recover amounts owing to them, including by suing for and recovering those amounts in a court.

Note: Subject to certain conditions and time limits, an application can be made for the enforcement of arrears relating to a private collect period where the liability arises under a child support assessment.

Act reference: CSRC Act section 4(1)-‘child support debt’, section 26(2) Particulars of liability …, section 26A Payment period to be entered in Register …, section 26B Payment period to be entered in Register …, section 26C Initial period that may be registered …, section 28 Day on which liability first becomes enforceable …, section 28B Conversion of periodic amounts into payment rates …, section 30 Effect of registration

CSA Act section 79 Recovery of amounts of child support

Policy reference: CS Guide Part 5 Collecting child support

Last reviewed: