overdue child support and its consequences
Child Support is one of the main concerns of the Family Law Act 1975 in the separation of the Spouses. As such, the law provides adequate measures to address the general welfare and best interest of the child in cases of separation of their parents. This includes the several methods of dealing with their support and care including Parenting Plan and Child Support.
Child support assessment as determined by the Registrar addresses the financial requirement that a child may in his growth and development. The Child Support Agency (CSA) can provide the necessary assistance for the Spouses during the Child Support Assessment. They can help them by providing the information they may need in the preparation, settlement and complying with the Child Support.
However, there are some circumstances when a parent may miss paying for his child support. While the CSA can assist them in complying with their Overdue Child Support, still the parents must be responsible and diligent in complying with the payment scheme that they have agreed.
Child Support can be overdue for several reasons. It can either be that the payment was late or not paid, a change in the Child Support Assessment can cause unpaid balance; or Court Order. Changes in the circumstances of the paying parent are also one of the reasons why their Child Support is overdue. It can either be a change in their income; care they have made for their child; and a number of dependents.
Penalties can be imposed for an Overdue Child Support and it is computed based on the outstanding balance of the unpaid Child Support. However, before a penalty is sanctioned the Child Support Agency will try all means possible to help the parents to recover from their Overdue Child Support. The CSA will call the paying parents to open a discussion regarding their outstanding child support and in order to encourage them to voluntarily pay the same. They will also conduct an assessment regarding the capacity of the parents to pay and their approach to their outstanding balance. The CSA will also discuss other options available to help the parents cope up with their Child Support.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.