Collection and enforcement methods

Where there is little or no evidence of a parent’s commitment to meeting their child support responsibilities or where there is evidence of fraud, we rely on enforcement activities to ensure we achieve the best outcome for children, parents and taxpayers.

Employer deductions of arrears

A paying parent can choose to have their child support payments automatically deducted from their pay on a regular basis, which can be really convenient. However, if you refuse to pay your child support or enter into a satisfactory payment arrangement, we will ask your employer to make child support deductions from your pay.

Enforcing tax return lodgement

We work hard to ensure the incomes we use in child support assessments are correct. We work closely with the Australian Taxation Office (ATO) to improve the rate and timeliness of parents’ tax return lodgement. This ensures child support calculations are more accurate and it reduces the number of assessments calculated using default incomes.

For the 2008–09 financial year, all CSA parents (not just paying parents) must lodge a tax return unless their taxable income was less than $18,808 and they received an Australian Government pension, allowance or payment for the whole financial year.

Intercepting tax refunds

Most child support parents are Australian taxpayers. The ATO advises us when a tax refund is available to a child support parent and is about to be paid. We may take the refund and apply it to meet an outstanding child support payment.

Intensive debt collection

We are extending our intensive debt collection activities to target an additional 22,500 parents per year. We plan to intensively manage more parents who have outstanding payments that have proven more difficult in the past to collect.

Issuing overseas travel bans

If a paying parent has overdue child support and refuses to work with us to pay the overdue amount, we can prevent them from travelling overseas by issuing a departure prohibition order (DPO). A DPO is an administrative order that we can issue to prevent parents from leaving Australia until they pay their overdue child support or negotiate a satisfactory payment arrangement. We don’t need a court order to prevent a customer from leaving Australia.

Litigation

Where other enforcement methods haven’t worked and where an asset or income stream is identified in the customer’s name, we’ll take parents to court to collect outstanding child support payments.

Optical surveillance

In our more serious cases, we may also use optical surveillance to help us investigate complex avoidance arrangements.

From 1 July 2008, CSA will trial covert optical surveillance in a limited number of serious cases where there is a suspicion that a parent has committed an offence under child support legislation, such as providing false or misleading information in relation to their child support case.

The trial is set to run for 12 months.

View more information about optical surveillance.

Prosecution

This step is available to us for the most serious actions or omissions involving criminal behaviour by customers and employers.

Minimising income to increase or decrease child support payments

We match data from other sources and act on tip–offs to identify customers whose income does not match their lifestyle. We then undertake financial investigations to ensure that parents are paying and receiving the right amount of child support. If you are minimising your income, we can find out about it and you may be required to repay child support.

Areas of income minimisation we are investigating:

Economic Security Strategy Payments

The Government is providing the one–off cash bonuses to stimulate the Australian economy.

The Child Support Agency will not be proactively targeting these payments to recover unpaid child support.

CSA will however continue to undertake normal enforcement activities where Section 72A notices are in place on bank accounts to recover unpaid child support where no payment arrangements are in place.

That is, where the bonuses flow to bank accounts for paying parents with outstanding child support liabilities and where CSA’s bank account garnishee powers are already in place or are applied at a future date as a result of business as usual enforcement activities, the tax bonus payments and any other monies in the account may be subject to the garnishee provisions.

The Child Support Agency generally uses its powers to obtain funds from bank accounts only after discussion and negotiation with the debtor has failed.

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