Divorce Guide

Enforcement of child support in Australia

Parents pay some amount towards the upbringing of their children after divorce and separation. The financial aid is called as child support. Child support is the right of children as it allows them the facilities they would have received had the family been intact. Many parents pay child support as decided by the child support calculator in Australia. Some parents even pay more than the decided amount of child support but, there are some who refuse to pay child support or skip payments. This is where child support needs to be enforced in such situations.

Enforcement of child support is done only when there is no trust on the payer parent’s commitment to take the responsibility of paying the support. Child support enforcement is the best option to see that the support payment reaches the child when it is needed. It is good for the child, the parent involved and the taxpayers in Australia, as it reduces the burden on the Government.

Employer’s deductions

In this case, the non caring parent can choose to pay the support amount from their pay. This amount can be deducted from the pay regularly and given to the caring parent. This mode of payment is very popular and in case the parents do not agree for this, the employer is told to make the support payments.

Intercepting tax funds

The CSA makes sure that the support amounts calculated are based on correct incomes. It seeks information from the Taxation office as a number of parents paying child support are tax payers. The Taxation office informs the CSA about any refunds to the parent for child support. The refund can be utilized by the CSA to meet any arrears in the child support payments.

There are some parents who have overdue support payments and refuse to cooperate with the CSA. The CSA has rights to prevent the parent from traveling abroad in case of any arrears in child support payments. There can be a Departure prohibition order that does not allow them to leave Australian soil till the child support payments are cleared.

Litigation for child support

If the other methods for child support enforcement have failed, litigation is the only way left. The CSA can start a litigation process against the parent if it identifies an asset in the parent’s name.

Optical Surveillance

This method is used in most serious cases to investigate the matter of non payment of child support. This method makes it clear if there is any offence and if the parent has provided false or misleading information. There may be a trial of one year in such cases. There may be prosecution of the parent avoiding child support.

Some parents show less income so that they have to pay less child support. Some parents use tactics such tactics to pay low towards the child the support:

1. Income from business
2. Income from cash economy
3. Use corporate tactics to show reduced income
4. Reduce taxable income and fringe benefits

Whatever tactics a parent may follow, it is still the duty of the parent duty to pay the Child support. It is really unfortunate that child support enforcement has to be done by some one else so that you financially support for the parents own child.

Divorce Advice for Australians
Child Custody in Australia
Child Support in Australia
Divorce Laws in Australia
Divorce & Legal Assistance in Australia
Divorce Rights in Australia
Filing for Divorce in Australia
No Fault Divorce in Australia
Post Divorce Advice
Post Divorce Financial Advice