Part V of the Child Support (Registration and Collection) Act 1988 (Cth) outlines how child support payments are able to be made.
The parent required to make child support payments is able to have the amount required deducted from his or her salary or wages, otherwise known as ‘employer withholding’. However, if the registrar is satisfied that the payer will forward the required payments then employer withholding is not necessary. If this is the case and the payments are not forwarded by the payer, then the registrar is able to subsequently impose employer withholding upon the payer. Salary deductions are paid by the Child Support Agency to the payee through Centrelink.
In the circumstance that employer withholding is imposed, the employer of the payer parent has a duty imposed upon him or her by section 46 of the Child Support (Registration and Collection) Act 1988 (Cth) to deduct the required amounts from their employee’s wages. If a notice is given by the registrar to an employer and the employer fails to deduct the necessary amount of money for child support, the employer can be fined a $1000 non-compliance fee.
Other methods of payment of child support include private collection and self-administration.
What if the payments are made after the required date?
If a payer parent is late in making child support payments, he or she is required to make the payment as soon as possible and under section 67 if the Child Support (Registration and Collection) Act 1988 (Cth), the payer parent is required to pay a penalty to the registrar. The penalty is dependent on the payment schedule agreed upon by the parties (eg: weekly, fortnightly), and on how overdue the payment is.
How can Prime Lawyers help you?
The family lawyers at Prime Lawyers are able to assist you in negotiating an appropriate method of payment of child support, to be paid in a way which best suits your needs and those of your child. They can advise you on the action required in order to retrieve overdue payments and ensure that all arrangements are fair and convenient.