3.2.1: Overview

Context

CSA can collect 'registrable maintenance liabilities'. Most registrable maintenance liabilities arise from a child support assessment. CSA can also collect other types of registrable maintenance liabilities, which are discussed in this chapter.

Legislative references

Sections 17, 17A, 18 and 19 Child Support (Registration and Collection) Act 1988

Regulation 4 Child Support (Registration and Collection) Regulations 1988

Section 66Q and 77 Family Law Act 1975

Sections 107, 139 and 143 Child Support (Assessment) Act 1989

Explanation

Registrable maintenance liabilities are defined in sections 17, 17A and 18 of the Registration and Collection Act. Apart from liabilities arising from a child support assessment, the following liabilities are registrable maintenance liabilities.

• A court order requiring a person to pay a periodic amount for the maintenance of their child or step-child.
• A court order requiring a person to pay a periodic amount for the maintenance of the person to whom they are or were married.
• A court-registered agreement requiring a person to pay a periodic amount for the maintenance of their child or step-child.
• A court-registered agreement requiring a person to pay a periodic amount for the maintenance of the person to whom they are or were married.
• A collection agency maintenance liability for a person to pay a periodic amount of maintenance for their child or step-child.
• A collection agency maintenance liability for a person to pay a periodic amount of maintenance for the person to whom they are or were married.
• An order made by a court under section 143 of the Assessment Act, requiring a former payee to repay an amount to a former payer, following a declaration under section 107 that the payer is not a parent of the child concerned.

Specified liabilities can be excluded by regulation, which would mean they are not registrable maintenance liabilities (section 19). The only excluded liabilities are urgent maintenance orders that the payee has not requested the CSA to enforce (regulation 4). A court may order a person to pay urgent maintenance for their spouse (section 77 FLA); or for their child (section 66Q FLA or section 139 Assessment Act).

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Version 1.1

Issued 1 January 2007

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