NSW How to Apply for a "Stay" on Child Support Payments?

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Been2Trial

Well-Known Member
12 July 2017
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Hi,

I am currently in an appeal process at the AAT for child support. There is a directions hearing in a few weeks, the first stage in the appeals process.

I have ceased making payments to Child Support Agency as of when I lodged the appeal with AAT, as CSA withdrew a massive amount of money out of my account which was supposed to cover the rest of the years due payments in monthly amounts.

CSA have called me this morning basically saying they are obliged to collect payment through whatever means, but have also mentioned that I can apply for a "Stay" on this through the courts which would stop CSA from collecting.

I have just made a payment that would ordinarily cover two months of child support amounts at the previous amount payable, despite the fact that I should be far in credit already... but this is in dispute at this time obviously.

How/where do I apply for the "stay" order for this?

Thanks
 

Been2Trial

Well-Known Member
12 July 2017
100
18
454
*Update* I have found the info.

Seems like it takes months and court appearances to apply for? One would think the AAT appeal would be over and done with before the stay is granted?
 

sammy01

Well-Known Member
27 September 2015
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You're not gonna have much fun...

CSA can give you a 13week (I think) reprieve if mum isn't following the orders...On what grounds are you appealing?

My opinion is don't mess with CSA.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
lawtap.com
Generally a 'stay' application will get some sort of precedence - otherwise they are completely useless. Usually the AAT would hear them, but they don't have jurisdiction in child support matters. That makes things more problematic for you.

The courts with jurisdiction are the Family Court and the Federal Circuit Court.
 

Been2Trial

Well-Known Member
12 July 2017
100
18
454
You're not gonna have much fun...

CSA can give you a 13week (I think) reprieve if mum isn't following the orders...On what grounds are you appealing?

My opinion is don't mess with CSA.

CSA have assessed my income based on 3 months of bank statements during the peak of my work season and have massively over estimated my income. I have posted about this previously on here which may explain in more detail.