How to Apply for a Stay Order to Suspend or Reduce Child Support

If Child Support is actively collecting payments from you while your case is being decided by Child Support, the Administrative Appeals Tribunal (AAT), or the court, you may apply for a stay order to temporarily suspend or reduce your child support obligations.

Do You Need a Stay Order?

A stay order may be necessary if you have:

• Applied to Child Support to modify your assessment under special circumstances.
• Filed an application with the AAT regarding your child support case.
• Lodged an objection to a Child Support decision.
• Other child support proceedings currently before the court.

In cases where paternity is in question, a stay order may not be needed. If you have filed a court application challenging paternity, Child Support is obligated to hold collected funds in trust until the paternity proceedings are resolved.

Steps to Apply for a Stay Order

Step 1: Obtain the Required Forms

To file an application, you will need:

1. An Initiating Application.
2. An Affidavit supporting your application.
3. A Financial Statement detailing your income, expenses, and assets.

These forms can be downloaded from the Federal Circuit and Family Court of Australia (FCFCOA) website or requested by calling 1300 352 000.

Step 2: Prepare Your Application

• Clearly outline the order you are seeking in the Initiating Application. For instance, you might request a stay on collection under Section 111C of the Child Support (Registration and Collection) Act 1988.
• Use your affidavit to explain why the stay order is necessary, providing relevant evidence, such as Child Support assessments or decisions.
• Complete a financial statement that accurately reflects your financial situation. Ensure all affidavits and financial statements are witnessed by a lawyer or Justice of the Peace.

Step 3: File Your Documents

Submit your completed documents via email to the court registry. As of January 2022, child support applications cannot be e-filed through the Commonwealth Courts Portal. After filing, you will receive a case number and hearing details via email.

Step 4: Serve the Documents

• Serve a sealed copy of the application to the other party and Child Support.
• Include a covering letter when sending documents to Child Support by mail (GPO Box 9815, Melbourne VIC 3001), requesting an acknowledgment of service.
• Complete an Affidavit of Service to confirm delivery.

Step 5: Attend the First Court Hearing

Attendance at the initial hearing is mandatory. Bring all necessary documents, including proof of service. If an agreement is reached with the other party, the court may issue a consent order. If no agreement is reached, a hearing date will be set.

Once the court grants the stay order, notify Child Support and access the sealed copy through the Commonwealth Courts Portal.

Important Notes

• A stay order is temporary and applies only while your application, objection, or appeal is being resolved.
• If your case is not fully successful, you may still be required to pay any deferred child support.