Paying while waiting for a court hearing, how long court orders last, and what to do if your situation changes.
Paying while waiting for a hearing
If you're a paying (liable) parent, you must still pay the amount on your child support notice of assessment until the Family Court makes its decision.
If you really cannot afford to pay that amount, you can apply separately to the Court to suspend or reduce your payments until it makes a decision.
You’ll need to complete an Application for suspension order – CS23 form and an affidavit to support your application. You may want to do this at the same time you appeal or apply for a departure order.
The Court may make a decision on your application for suspension right away or give the other parties a chance to respond to your application.
If the Court makes an order to temporarily suspend or reduce your payments, they will send us a copy. We cannot adjust your payments until we receive a copy of the order from the Court.
Exception – you are not the parent
If you are appealing a disallowed objection on the grounds that you are not the parent of a child, you do not need to pay any child support for them until the Court makes its final decision. You do not need to apply for a suspension order in this situation.
How long court orders last
The Court’s decision will show the court order’s start date. This applies to both departure orders and orders from appeals.
The decision may also give a date or event when the order ends – for example, the child’s 16th birthday.
The order will also end if the:
- paying (liable) parent or receiving carer dies
- receiving carer or child stops qualifying for child support
- paying parent stops being liable for child support – for example, because they get back together with the receiving carer.
Restarting child support
If child support starts again later for the same parents or carers, the order will also start again. You do not need to go back to Court for a new order if it’s within the time period set by the order.
If your situation changes
Tell us straightaway if your situation changes. For example, if you get back together with the other parent, or if any children move out of your home or come to live with you.
Before the hearing
If your situation changes before your Court hearing, you can update your information with them. You can fix any mistakes or update names, addresses or occupations listed in the application by advising the Court registrar.
After the order is made
If your situation changes after the order is made, this might affect your court order or give you grounds to apply for a review through us.
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