When child support payments are missed, it can place a financial and emotional strain on the parent who is responsible for the day-to-day care of the child. Fortunately, there are legal steps you can take to address unpaid child support and protect your child’s wellbeing.
In this blog, we explore your legal options if child support payments are missed in Australia, including how the system works, what enforcement actions are available, and how Simonidis Steel Lawyers can help.
Understanding the Child Support System in Australia
Child support in Australia is managed by Services Australia – Child Support. This government agency helps parents:
- Calculate child support payments
- Register and collect payments
- Enforce unpaid child support
Child support payments can be arranged in two main ways:
- Private Collect: The paying parent deposits the agreed amount directly to the other parent.
- Child Support Collect: Services Australia collects the money on your behalf.
If payments are missed under either arrangement, there are legal remedies available.
First Step: Speak to the Other Parent
If a payment is missed, the first step is usually to speak with the paying parent (if it’s safe to do so). They may have:
- Forgotten the due date
- Encountered a temporary financial problem
- Changed bank accounts or contact details
Open and respectful communication may resolve the issue quickly without the need for further action.
However, if this isn’t possible or doesn’t result in payment, legal options come into play.
Option 1: Contact Services Australia for Enforcement
If you use the Child Support Collect option, Services Australia can take a range of enforcement actions if payments are missed, including:
- Garnishing wages: Deducting payments directly from the payer’s salary
- Tax return interception: Seizing tax refunds to cover unpaid support
- Bank account deductions: Withdrawing money from the payer’s accounts
- Legal penalties: Fines or legal proceedings against persistent non-payers
They may also:
- Prevent overseas travel by placing a Departure Prohibition Order (DPO)
- Report unpaid debts to credit agencies
These measures can be taken without a court order, depending on the situation.
Option 2: Registering a Private Agreement With the Court
If you and the other parent have a binding child support agreement, it can be enforced like a debt through the courts. If the payer fails to meet the terms:
- You can file a contravention application
- The court may order them to pay the outstanding amount, plus interest
- Ongoing payments can be garnished or enforced through court orders
Simonidis Steel Lawyers can assist in registering your agreement or initiating enforcement proceedings.
Option 3: Court Action for Arrears
If enforcement through Services Australia is unsuccessful or not available (e.g., for older debts), you can pursue the unpaid support through the legal system. This involves:
- Making an application to the Federal Circuit and Family Court of Australia
- Providing documentation of missed payments
- Requesting a court order for payment of the arrears
The court can impose penalties, interest, and in extreme cases, imprisonment for contempt.
What If You Can’t Afford Legal Action?
Family law can be complex, but there are resources available if you’re worried about costs:
- Legal Aid Queensland: May provide free advice or representation for eligible individuals
- Simonidis Steel Lawyers: We offer clear advice on your legal options and can work with you to find cost-effective solutions
We understand how stressful missed child support payments can be. Our goal is to help you secure the support your child needs without unnecessary stress or expense.
Tips to Avoid Future Payment Issues
Preventing issues is always better than fixing them. Here are a few tips:
- Use Child Support Collect for built-in enforcement options
- Keep clear records of all payments and communication
- Ensure any agreements are formalised and legally binding
- Seek legal advice before finalising agreements
Simonidis Steel Lawyers can help you draft a legally sound agreement that ensures both parties understand their obligations.
How Simonidis Steel Lawyers Can Help
Missed child support payments can be stressful, but you have several legal options to recover what you’re owed. From government enforcement to court action, there are steps available to help ensure your child receives the support they deserve.
If you’re dealing with unpaid child support or need help enforcing an agreement, contact Simonidis Steel Lawyers today. Our experienced family law team is here to help you protect your rights and secure your child’s financial future.
