Court ordered periodic child maintenance
Court ordered periodic child support for children not covered under the child support legislation.
You need to know
The Federal Circuit Court and Family Courts may make orders for child maintenance payments for children who are not covered under the child support legislation. This includes parents whose children are over 18.
We must be notified of all court orders about child maintenance, including orders made by consent, and any amendments made to earlier orders, within 14 days of the orders being made.
When a receiving parent tells us about a court order, they can also choose to have payments collected privately or through us.
There are limited reasons for a court order to be extended or ended.
Ending a court order for child maintenance payments
A child maintenance order may contain a provision that says it will end at a specified time, or when a particular event occurs, for example, when your child completes their specified tertiary degree.
Under the Family Law Act, a child maintenance order will end:
- if the child dies
- if the paying parent dies, unless the order expressly provides for it to continue after their death
- if the receiving parent dies, unless the order expressly provides for it to continue after their death and another person is nominated to receive the payments
- if the child is adopted, marries or starts a de facto relationship
- when the child turns 18, unless the order says that it will continue after that
- when the child finishes school, unless the order was made to enable the child to complete his or her education
- if the child no longer has a disability where the order is for a child aged over 18 and was made because the child has a physical or mental disability
If you would like more information, you should speak to your legal provider.
Any child support you get can affect how much Family Tax Benefit (FTB) Part A you get.
As a parent, you have responsibilities.
- pay your child support in full and on time
- make sure care arrangements are in place for your children
- lodge your tax return on time
- report your income accurately, and
- tell us about any changes of circumstances
A parenting plan is a written agreement with the other parent. It sets rules for things like how much time the children will spend with each parent.
When you leave Australia on military deployment you need to tell us your new details. This is so we can make sure your child support is still accurate.
Once you have read about court orders for child maintenance the next steps are to:
- collect any supporting documents
- submit your court order to us with any supporting documents
Paying child support
Collecting child support
The person who will receive child support can choose how the paying parent pays them.
This is where you and the other parent make and receive payments directly between you. It’s for parents who don’t need much help from us to agree on a plan.
This is where we collect and transfer child support payments for you.
We need to know about changes that could affect your child support.