The stay order is applicable for a limited period only

A stay order is a temporary court order that suspends or reduces the amount of child support during the pendency of a separate child support application or case before the court, Child Support Agency (CSA), or Social Security Appeals Tribunal (SSAT).

Furthermore, it will require a number of court appearances before the stay order is finalized.

The documents needed to apply for a final order are:

  • Application for the interim or final orders with the name of the court typed upon it and orders prayed for;
  • Affidavit explaining why a stay order is needed. The relevant documents from the CSA should be annexed to the affidavit;
  • Financial statement.

The original and three copies of these documents should be filed with the court. The court will then return the three copies and a date will be given for the first court appearance. The CSA and the other party must be furnished copies of the documents submitted with the court. The process server who served the court documents must then execute an Affidavit of Service. This will be proof that the necessary parties have been duly informed and provided with copies of the court documents.

The court documents must be brought during the court appearance. It is possible that the parties may settle prior to the making of the stay order. The agreement can then be made into consent orders by the court. If no settlement has been reached the parties will have to go through a court hearing. If a party does not appear in court and there is proof that there has been service, the court may decide the case in the absence of that party.

Once the court grants a stay order, the CSA should be informed immediately so that the collection of the higher rate of child support will be discontinued. The CSA must be furnished a stamped copy of the stay order.

The father who disputes the paternity of the child need not file a stay order. Instead, he should file an application with the court for a declaration that the mother of the child is not entitled to child support. The CSA must then be furnished with a copy of the application so that payment to the mother will be discontinued until final judgment in the paternity case.

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Author

Alan Weiss

25th March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.