QLD Child support debt recovery

[SLB70]

Child support debt recovery question please.

I am currently owed nearly $30,000 in child support and it is increasing at the rate of $30,000 a year, CSA were collecting the money from the paying parents wages. The paying parent has disappeared, possibly out of the country, he has nil assets on shore except it is possible he still has some funds in an Australian superannuation account which he will be entitled to withdraw at preservation age in 2 years time.

1. Can I ask CSA to pursue legal action to recover the debt from super?

2. Can I apply to the court myself to have the debt (and future child support amounts) recovered from super?

He will also qualify for a UK state aged pension in 7 years time, and also has a private pension account in the UK.

3. If this is still ongoing at that time can CSA ask UK state pension dept to garnish the debt from his aged pension and/or the private pension fund?

Any advice most appreciated. Thank you.

 

[Atticus]

Can I ask CSA to pursue legal action to recover the debt from super?

Depending on the fund, possibly, but not until preservation age..... You will also probably need to supply all the info that would enable CSA to issue a garnishee notice as well... Unlikely CSA will play detective for you.

Have you considered asking the CSA about issuing a departure prohibition order? ...


The Registrar has discretion to make a DPO where all of 4 specified conditions are satisfied (CSRC Act section 72D).

These conditions are:

• the relevant person has a child support liability or carer liability (5.5.5)
• the relevant person has not made satisfactory arrangements to wholly discharge the liability
• the Registrar is satisfied that the relevant person has persistently and without reasonable grounds failed to pay child support debts (as distinct from spousal maintenance debts) or a carer liability
• the Registrar believes it is desirable to make such an order to ensure that the relevant person does not leave Australia without wholly discharging the child support liability or carer liability, or making satisfactory arrangements to do so

SOURCE >>> 5.2.11 Departure prohibition orders | Child Support Guide

 

[SLB70]

Thank you, yes CSA are in the process of determining whether to issue a DPO however I’ve had confirmation over the weekend that the paying parent has already left the country.

I have the super fund account details but am concerned that a garnishee notice by CSA would need to be in place just prior to preservation age as the paying parent will likely put wheels in motion to transfer it out of reach the minute it’s accessible. I can manage financially for the next 2 years if I know what is likely to be a $90k debt will be recovered but don’t want to risk losing the opportunity. Would asking the family court myself be a better idea? If there’s sufficient funds in the account could I make a case for future years’ child support given the history of non payment and absence from Australia? Thanks again.

 

[Atticus]

I’ve had confirmation over the weekend that the paying parent has already left the country.

I don't *think* the CSA is obligated to inform the payer that a DPO has been put in place. If one is & the payer were to return to Australia at some point, the DPO will prevent him from leaving until the debt is paid or satisfactory arrangements are made to pay it.

Not sure if a garnishee order can be served on a fund trustee before a condition of release is met (again it may depend on the individual fund). CSA may be able to inform you if you have the fund details.

Would asking the family court myself be a better idea?

If CSA is not going to pursue the debt, as it's owed to the commonwealth, you can pursue the debt yourself via either the Family or civil court. >>>> 5.4.7 Payee's right to enforce debt via court proceedings | Child Support Guide

You would be wise to seek specific legal advice before you go down that road. Given the payer is probably going to remain living OS, that may present some significant challenges.

If there’s sufficient funds in the account could I make a case for future years’ child support given the history of non payment and absence from Australia?

Being a maintenance liabilty subject to termination events, I don't think that would be possible.

 

[SLB70]

Thank you again. Yes from my conversations with them the CSA doesn’t notify either party if a DPO is issued.

I will first check with the super fund regarding the process and timing of a garnishee order, then seek specific legal advice regarding taking the matter to court but I would ultimately have to represent myself. I’m almost certain the payer would fail to respond/attend in the hope a ruling can’t be made without him.

 

[SLB70]

For anyone else who follows this question here’s what else I’ve discovered. The DSS registrar can issue a 72A or B notice to various holders of assets including some superannuation funds to recover child support debt, no court order required.

5.2.9 Collection from third parties | Child Support Guide

Context The Registrar can issue a notice to someone who owes money to a relevant debtor requiring that the money be paid to the Registrar in satisfaction of relevant debts (CSRC Act section 72A). This power is separate from the Registrar's power to intercept tax refunds (5.2.8), deduct amounts...

guides.dss.gov.au