Court orders for Child Support
The Family Courts deal with child maintenance for children whose Child Support we cannot assess. This includes parents who separated and had all their children before 1 October 1989 or whose children are over 18.
All court orders, including orders made by consent, or made or amended after 1 June 1988, must be registered with us within 14 days of being created or amended.
When a receiving parent tells us about a court order, they can also choose to have payments collected privately or through us.
You can notify us about your court order by calling 131 272 or completing the Notification about Court Orders and Registered Agreements form and the Information from a person required to pay maintenance form. You will need to send us a sealed copy of the court order or court-registered agreement.
A child maintenance order ends when the child turns 18, unless the order states that it is to continue or another order is made. A child maintenance order also ends when a child gets married, enters into a de facto relationship or is adopted.
The court may only make extended or subsequent orders if maintenance is necessary to for the child to finish school, or because the child has a physical or mental impairment.
Applying to a court for a child maintenance order
There are several people who can apply to a court for a child maintenance order:
- a parent of the child (including an adoptive parent)
- the child in their own right (who does not have a registered Child Support case)
- a grandparent of the child
- any other person concerned with the care, welfare or development of the child.
The following people can apply for a child maintenance order for a child who is in the care or guardianship of a person under a child welfare law:
- the child in their own right (who does not have a registered Child Support case)
- a parent who has daily care of the child (including an adoptive parent)
- a relative who has daily care of the child
- a child welfare officer of a state or territory.
To apply for a child maintenance order, contact the Family Courts. For more information about applying to the Family Courts, call the Family Courts National Enquiry Centre on 1300 352 000.
Changes to a court order
A change can be made to an existing court order by applying to the court. Any person entitled to apply to a court for a child maintenance order can also apply to the court for a variation to an existing order.
Ending a child maintenance order
A child maintenance order may contain a provision that says it will end at a specified time, or when a particular event occurs.
A child maintenance order also ceases to be in force if we make an administrative assessment of Child Support for the payer, payee and child concerned.
Under the Family Law Act, a child maintenance order will end:
- if the child dies
- if the payer dies, unless the order expressly provides for it to continue after the death of the payer
- if the payee dies, unless the order expressly provides for it to continue after the death of the payee and nominates a person to whom those payments are to be made
- if the child is adopted, marries or starts a de facto relationship
- when the child turns 18 (if the child maintenance order is for a child under 18) unless the order says that it will continue after that
- when the child finishes school (if the child maintenance order is for a child over 18 and it was made to enable the child to complete his or her education)
- if the child no longer has have a disability (where the child maintenance order is for a child aged over 18 and was made because the child has a physical or mental disability).