A stay order is a temporary court order which suspends or reduces child support while the Child Support Agency (CSA),Social Security Appeals Tribunal (SSAT) or the court makes a decision about a separate application you have made in relation to your child support case.
A stay order is a temporary court order which suspends or reduces child support while the Child Support Agency (CSA), Social Security Appeals Tribunal (SSAT) or the court makes a decision about a separate application you have made in relation to your child support case. A court will only grant a stay order after taking into account the interests of you, the other parent and the child. A stay order can be made subject to terms and conditions and is for a limited period of time only.
Do you need a stay order?It is important that you obtain legal advice before you start these proceedings. You should
- keep in mind that it may take a number of court appearances and several months before your court proceedings for a stay order are finalised. You will need to decide whether it is worthwhile for you to make an application for a stay order.
You may not need a stay order if you think that you may not be the father of the child and you have made an application to a Court for a declaration that the mother is not entitled to child support. You should send the CSA a copy of your court application. The CSA can then stop paying the money to the mother until the proceedings about paternity have been finalised. The CSA will hold any money collected from you in trust for this period.You can apply to the Federal Magistrates Court or a Local Court for a stay order in a child support matter if you have:
- made an application to the CSA or SSAT about your child support case, or lodged an objection
- to a CSA decision—you must obtain proof from the CSA or SSAT that this application is in the process of being decided, or
- other child support proceedings before the court.
What documents do you need?
The court should be able to supply you with the necessary forms. Otherwise, visit the Family Law Courts website at www.familylawcourts.gov.au If you are making an application for a stay order, these are the documents that you need to file:
a) Depending on the nature of your case, an application for interim or final orders, with the name of the court typed upon it,
b) An affidavit stating the facts that you are relying on and explaining why the stay order is necessary in your case. Your affidavit should annex relevant documents from the CSA – for example, your child support assessment and the letter you have received from the CSA confirming that the CSA has received your application to change your assessment applicationd)
d)a financial statement (in most cases).
In the Application, write down the orders that you are seeking. For example, you might ask for the following order:“That pursuant to section 111C Child Support (Registration and Collection) Act 1989, the annual rate of child support is reduced to $[x] per annum commencing from [date] until the date the Child Support Agency makes a decision on the father’s application for a change to the child support assessment.”
In the Application, write down the orders that you are seeking. For example, you might ask for the following order:“That pursuant to section 111C Child Support (Registration and Collection) Act 1989 , the annual rate of child support is reduced to $[x] per annum commencing from [date] until the date the Child Support Agency makes a decision on the father’s application for a change to the child support assessment .”
What you should do with these documentsYou must take the original and three copies of the documents to the court for filing. The court will return three sealed copies to you and will give you a date to appear in court. You will need to serve the sealed copies of your documents on: (a) the other party, and (b) the CSA (this can usually be done by post).
The third copy is for your records. The documents must be handed to the other party. You cannot do this yourself. You may choose to use a process server to serve the court documents (you will have to pay their fees for service). The person who serves the documents must complete an Affidavit of Service. More information about service is available on the Family Court’s website
You must ensure the other party is served well before your matter is in court.
What happens at court?
- Bring all necessary documents to court with you on the day.
- If the other party has not had much time between receiving the documents and the court date he or she may ask for an adjournment and time to file documents in response to your application.
- It may be possible for you and the other party to reach an agreement about the making of a stay order. If this is the case, that agreement can be made into consent orders by the court.
If you and the other party cannot reach an agreement the court will fix a date for hearing. This may be on the first court date or another date.
- If the other party does not attend court and you have proof that he or she was served with your application the court may deal with the matter in his or her absence.
- If the court grants a stay order in your matter you should advise theCSA immediately of this stay order so that the CSA does not continue to collect the higher rate of child support from you. You should obtain a stamped copy of the orders from the court and forward a copy to the CSA (by fax if possible).
This article provides basic information only and is not a substitute for a professional or legal advice . If you are likely to be involved in court proceedings or legal action, you should get advice from a family law lawyers.
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