The Legal Practitioner's Guide
6.2.3 Section 143 orders
Where a payer has paid an amount of child support under an assessment and was not liable, or
subsequently becomes not liable, to pay that amount the court must consider making an order
for repayment of the amount.
Suggested draft terms
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That [former payee's name] repay to [former payer's name]
child support of $x paid for [child's name].
Contact CSA for details of the total amount of child support that has been collected by CSA for
the child/ren. A court may make such orders as it sees fit.
Note: an amount repayable may be made up of monies paid to a payee when the case was both
'collect' and 'private collect'. Therefore a statement of monies collected by the CSA may not
represent all monies paid in respect of a child. When seeking information from CSA, it may be
prudent to seek copies of all relevant assessments including when the case was collect and
private collect.
Where child support was paid through CSA
The payer can only seek to
recover money paid from the payee and not from CSA (Child Support Registrar and Z and T (2002)
FamCA 182). Amounts paid under the Child Support (Registration and Collection) Act 1988
are taken to have been paid to the payee (except for amounts not disbursed by CSA under section
79A of the Registration and Collection Act). However, if the court makes a section 143 order
after making a declaration under section 107 of the Assessment Act, the liability can be
registered with CSA for collection. The liability must be in the form of a specific amount of
money to be capable of CSA registration (section 17A of the Registration and Collection Act).
Note: where a section 143 order is made (and registered with CSA) and a payer continues to have
an ongoing liability to that payee for another child from the same relationship, CSA may
utilise the 'offset' provisions in section 17AA to offset one liability against the other. CSA
would consult the parties before doing this.
What does the court take into account when it makes an order for repayment?
Even though child support has been paid in a situation where the payer has been found not
liable, an order for repayment of the money is not automatic. The court may make such orders as
it considers just and equitable to adjust and give effect to the rights of the parties
concerned and the child/ren. In making an order under section 143 (after the court has made a
declaration under section 107) the court must have regard to the following matters outlined in
section 143(3B):
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whether the payee or payer knew, or should reasonably have known, that the payer was not a
parent of the child;
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whether the payee or payer's conduct resulted in the application for administrative
assessment of child support being accepted by CSA;
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whether there were delays in the payer making a section 107 application;
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whether child support is, or may become, payable to the payee for the child by the person
who is a parent of the child;
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the relationship between the payer and the child; and
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the financial circumstances of the payee and payer.
Tips and problems
The court may decide that an amount of $7,200 is repayable to the former payer. Instead of
making an order for this amount as described above, the court could create an ongoing periodic
liability for $200 per month, payable for 36 months. In this instance, the CSA can only collect
and enforce at this rate and could not act upon a collection opportunity that would see the
whole amount paid as a lump sum – for example, a garnishment of proceeds from the sale
of a property.
On the other hand, if a court order is registered with CSA for collection and the order
specifies the lump sum to be repaid and the rate at which CSA should collect it, the CSA may
decide not to collect at that rate. Once it becomes a debt due to the Commonwealth under
section 30 of the Child Support (Registration and Collection) Act 1988, the
Financial Management and Accountability Act (1997) authorises the CSA to negotiate
repayment. The CSA will have regard to a rate set by a court but is not bound by that amount.