QLD Child support payments

Discussion in 'Family Law Forum' started by Diannacyu, 8 December 2018 at 6:27 PM.

  1. Diannacyu

    Diannacyu Member

    Joined:
    Saturday
    Messages:
    2
    Likes Received:
    0
    How long after a DNA test is proved can I get child support payments example a week a month a few months
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    2,940
    Likes Received:
    409
    is it a court ordered test?
    CSA shoul backpay in this sort of situation
     
  3. Diannacyu

    Diannacyu Member

    Joined:
    Saturday
    Messages:
    2
    Likes Received:
    0
    Yes Is test came back he is dad but court date isn't till feb
     
  4. Scruff

    Scruff Well-Known Member

    Joined:
    25 July 2018
    Messages:
    166
    Likes Received:
    18
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Diannacyu likes this.
  5. The Cheese

    The Cheese Active Member

    Joined:
    21 November 2018
    Messages:
    10
    Likes Received:
    0
    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
     
  6. Rod

    Rod Well-Known Member
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    5,534
    Likes Received:
    778
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. Scruff

    Scruff Well-Known Member

    Joined:
    25 July 2018
    Messages:
    166
    Likes Received:
    18
    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.

    More importantly, there is nothing that prohibits a court from doing so.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  8. The Cheese

    The Cheese Active Member

    Joined:
    21 November 2018
    Messages:
    10
    Likes Received:
    0
    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
     
Loading...

Share This Page

Loading...
gt;