Stage 1 - Change in care non-enforcement (CS) 277-05030000

Item

Question

1

A payer advises the child was not in the care of the payee for 6 months but has now returned to the payee's care. Can the liability be suspended for those 6 months?

No. The election for a non-care non-enforcement period must be made during the 'overall non-care period'. This period ends when the child returns to the payee's care and the administrative option is no longer available.

The payer may have the option to apply to a court to vary the order for the period that the child was not in the payee’s care. Advise the payer to seek legal advice if they are interested in this option. Warn the payer that costs may be incurred and there is no guarantee of any particular outcome.

2

On 1 April a payee advises the child left care on 17 March, and elects to start a non-care non-enforcement period. The payer is successfully contacted on 28 April, and also makes an election. When does the non-care non-enforcement period start?

On 28 April, because the joint election became complete on this day, and the date is not within 28 days of the date that the payee ceased to provide ongoing daily care for the child. If the payer had made the election on any day up to 17 April, then the non-enforcement period would commence on 17 March because the joint election would be made within 28 days of the non-care period starting.