QLD Child support payments

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Scruff

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25 July 2018
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NSW
In regard to how long it will take for payments to begin, you will have to wait for a final ruling from the court.

In regard to back payments, at the very least, I would expect payments to be ordered from the date of the test or the date that the very first application was filed with the court. The court however does have some discretion in this area and may order that payments begin from an earlier date, but that would be decided on case by case basis. There's no way to know beforehand if the court will actually make such an order.
 
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The Cheese

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21 November 2018
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Does the court have discretion though? When the court makes a declaration under s106A of the Child Support (Assessment) Act 1989, the effect of it is that the Child Support Registrar needs to reconsider their original decision to refuse the child support application, with the knowledge that the parentage of the father has been established. There is no power under s106A for the court to pick and choose the date a child support liability commences
 

Rod

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27 May 2014
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There is no power under s106A for the court to pick and choose the date a child support liability commences

Granted, but departure orders are possible in special circumstances and can then potentially pick up s 111 CSA.

As you have a court date, and probably lawyers, talk to your lawyers about backdating the implementation date as far back as possible (no more than 7 years).

I'd imagine after you get your orders it will take a bit of time ( I don't know how much), for CSA to do an assessment and start collecting money.
 

Scruff

Well-Known Member
25 July 2018
902
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NSW
Discretion is probably the wrong word. If a person makes an application to a court for child support to be backdated, then the court would have to consider that application and as such, the court does the power to order that child support is payable from an earlier date.

Generally though, child support is payable from the date that it is first applied for.

There is no power under s106A for the court to pick and choose the date a child support liability commences
More importantly, there is nothing that prohibits a court from doing so.
 

The Cheese

Well-Known Member
21 November 2018
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If they did so it would come under the FLA though. 106A effectively forces the Child Support Registrar to reconsider an application for child support. If the applicant wanted the court to consider child support prior to when the application for child support was made through CSA, the court effectively has no jurisdiction. The court cannot vary a child support assessment that does not exist and they wouldn't be able to make a child maintenance order under the FLA due to s66E