3.5.1 Order requiring payment to the payee
Context
A court order or court registered maintenance agreement may specify that payments be made to the payee's bank account or to a third party such as a solicitor or trustee. Such a provision in an order does not prevent the order or court registered agreement being registered for collection.
Act references
CSRC Act section 30
Description
A court order or court registered agreement for maintenance creates a liability for one person (the payer) to provide financial support to another person. The terms of the order will make it clear who is entitled to the payments under the order.
Example: Darius is to pay Carolina spousal maintenance of $120 per week.
Carolina is to pay Darius child maintenance for their child Cameron in the amount of $74 per week.
Darius is to pay child maintenance to Cameron of $83 per week.
A court order may also specify how child support is to be paid.
Example: Joseph is to pay Mary spousal maintenance of $120 per week. Such payment is to be deposited to Mary's account with the XXX Bank.
Mary is to pay Joseph child maintenance for their child Bobby in the amount of $74 per week, by depositing said amount into a trust account for Bobby under Mary and Joseph's joint control.
A provision in a court order that specifies how child support is to be paid to the payee does not prevent the Registrar from registering the order. When an order is registered for collection, the amounts payable under the order become debts due to the Commonwealth (section 30). Once an order is registered for collection, the provisions of section 30 override any payment instructions in the order. Amounts payable under the order are payable in accordance with the particulars of the Register.
A court order or court registered maintenance agreement that requires the payer to make payments to a third party on behalf of the payee is not a registrable maintenance liability. This is discussed in more detail in 3.2.1.