Administrative Remedies

Generally, the Child Support Agency will try to exhaust administrative remedies for enforcement before taking any court action. These can include:

• notices issued to third parties directing them to pay to the CSA any money they hold or may hold on behalf of the liable parent (most commonly used against banks);
• notices issued to third parties in Australia holding the liable parent’s money where the debtor is not currently residing in Australia;
• notices requesting information about the liable parent;
• setting aside a transaction to defeat a child support liability; and
• tax refund intercepts.

If the above methods fail, the Child Support Agency may consider starting legal proceedings to enforce the payment of arrears. Either the CSA or the entitled parent may start enforcement proceedings against the liable parent, and this is most commonly done by filing an enforcement summons in the Family Court.