objections to child support decisions
A party can only apply for a stay order under Section 111C of the Registration and Collection Act if there are pending court proceedings that were instituted under said Act.
The court proceedings may involve cases related to the Registration and Collection Act or the Assessment Act;
- objection or petition for change assessment application under Part 6A
- or application for review in the SSAT.
The Federal Circuit Court and the Family Court could therefore enable an application for stay order since these are the courts which have jurisdiction over actions under the Registration and Collection Act.
However, the stay order application is only appropriate if the court proceedings have relevance to the payment of child support.
Once granted, the stay order operates until the court renders a final decision in the main proceeding;
- or until the CSA has finalized the objection;
- or until the SSAT has finalized its proceedings.
The decision of a court becomes final after the lapse of the period for filing an appeal to a higher court without any appeal being filed.
An SSAT decision is final at the end of the period for filing an appeal to a court and no appeal was filed. Although the CSA is not a party to a stay order application, it must still be given a copy of the application.
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.