3.2.5: Court orders and arrears

Context

A court can make an order, or register a maintenance agreement which deals with arrears accrued under an earlier order or court-registered agreement. Sometimes the earlier order or agreement is registered with CSA for collection.

Legislative references

Sections 28 of the Child Support (Registration and Collection) Act 1988

Explanation

CSA sometimes receives court orders and agreements, which provide for payment of arrears and set out a schedule for payment, or they provide for payment of arrears, which relate to a period before registration or they vary an earlier order by reinstating arrears, which were previously discharged.

Orders about arrears are not orders which give rise to a periodic maintenance liability. The order may vary the liability arising under an earlier order, or simply give instructions about the repayment of the arrears.

If CSA receives an order about arrears in a case which is already registered for collection, it will give effect to the later order by varying the Child Support Register where appropriate (see chapter 3.5 Interpreting Orders under the Family Law Act for more information.

If CSA receives an order about arrears in a case, which has not previously been registered for collection, it will register the ongoing liability for collection. See chapter 5.1 CSA Collection for information about the date from which CSA will collect child support.

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Version 1.2

Issued 7 March 2006

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