3.3.2: Notification of court orders and court-registered agreements

Context

CSA must be notified when a court makes an order or registers an agreement that starts or varies a registrable maintenance liability.

Legislative reference

Sections 16A, 17, 17A, 18, 23 and 25 Child Support (Registration and Collection) Act 1988

Explanation

Notification requirements

Since 1 June 1988, when a court makes an order or registers an agreement that starts a registrable maintenance liability that is a periodic amount for maintenance of a child or of another party to a marriage, the payer and payee must notify CSA within 14 days. They must also notify CSA within 14 days when a court makes an order or registers an agreement on or after 1 June 1988 that varies a registrable maintenance liability of this type, even if the liability is not already included in the Child Support Register (section 23).

From 1 January 2007, when a court makes a parentage overpayment order the payer and payee of the order (i.e. the former payee and payer of the child support assessment) must notify CSA within 14 days. They must also notify CSA within 14 days when a court makes an order or registers an agreement on or after 1 January 2007 that varies a parentage overpayment order, even if the liability is not already included in the Child Support Register (section 23).

A payee who notifies CSA about a court order or court-registered agreement can also elect for CSA not to collect maintenance for them (section 23(3)).

Form of notice or application

A payee who wants CSA to collect a registrable maintenance liability for them can use CSA Form 1 (FM1) to notify CSA about a court order or court-registered agreement.

A payee who does not want CSA to collect maintenance for them can use CSA Form 3 (FM3) to notify CSA about a court order or court-registered agreement.

A payer can use CSA form 2 (FM2) to notify CSA about a court order or court-registered agreement.

These CSA forms can be lodged personally or by post at any CSA office, or electronically through CSA's website ... CSA also requires a copy of the relevant court order or court-registered agreement.

CSA can also accept notices and applications for collection over the telephone, but will still require a copy of the relevant court order or court-registered agreement.

What does CSA do when it is notified about a court order or court-registered agreement?

When the payee notifies CSA about an order or agreement CSA registers the liability for collection. CSA registers the liability for collection by entering the details of that liability into the Child Support Register. (See chapter 5.1 CSA collection)

CSA also maintains records of the registrable maintenance liabilities that it has been notified about, which are not registered for collection. The records of these unregistered registrable maintenance liabilities are not part of the Child Support Register. They include registrable maintenance liabilities that the payer notified CSA about, and registrable maintenance liabilities that the payee notified CSA about, but elected not to have CSA collect for them.

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Version 1.1

Issued 1 January 2007

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