An event occurs that will end a Child Support case or liability 277-05040010

If notified of a change in circumstances verbally, ask for:

• details of the change in circumstance
• the date the circumstance changed, and
• any information to help confirm the change in circumstance

If notified of the death of a payee, payer or child, see Notification of death – child support

Add the details in a notepad on the Communication window.

Note: the notification of a death of a customer is managed within the Deceased Customer Management (DCM) team. If a customer calls to notify of death, warm transfer the customer to the DCM, see Customer Referral Guideline (CRG) > Deceased customers.

Check the court order to determine if the order will cease to be in force. Some court orders have specific provisions that allow them to remain in force. These events will cause a court order to cease to be in force:

• a child is adopted
• a child marries or enters into a de facto relationship
• child turning 18 years of age, unless the order states it continues to be in force after this date
• death of a child
• death of a payer, unless
• it is a spousal maintenance order and the order states it is to continue throughout the life of the payee
• it is a child maintenance order and the order states it is to continue through the life of the payee
• death of a payee, unless
• the order states it is to continue in force after the death of the payee
• specifies the person who is to receive the payments after that death
• if the order is a spousal maintenance order and the payee remarries
• the order is a de facto maintenance order and the payee marries, unless a court orders that payments should continue because of special circumstances

Note: Where the order is an overseas order, different rules may apply. For example the order may not automatically end when the child turns 18 years of age. Check with the relevant central authority before ending the order.

Where the order is an overseas court order, the order will cease to be registrable in Australia. A terminating event occurs if:

• both parties cease to be resident in Australia, or
• one party becomes resident in a non-reciprocating jurisdiction

For more information, see Residency decisions for Child Support customers.

If the payee, or the payer or a child is deceased, go to Step 3.

If the event will have an effect on the order and

• the child turns 18 years of age, is adopted, marries or becomes a member of a couple, or
• the payee remarries (in the case of a spousal maintenance order) or
• the parties to an overseas order cease to be resident in Australia, or
• one party becomes resident in a non-reciprocating jurisdiction, go to Step 4

In the following circumstances:

• child turns 18 years of age and the order continues in force, and
• the payee remarries and the spousal or de facto maintenance order states it continues

Document the information provided in a notepad on the Communication window. If the child has turned 18 years of age but the order continues to be in force, check Cuba is correctly reflecting it.

Advise the customer:

• although they advised of a change in circumstances, this will not affect the order
• about their options. For instance to seek legal advice about obtaining a new court order

Document the reasons for any decision and reference the legislation used to make that decision. See Documenting Child Support information.

The notification of a death of a customer is managed in DCM.

When Child Support is advised a customer or child has died, warm transfer the call to DCM team using Services Australia Workspace.

See Notification of death – child support.

An event that results in a child maintenance order, spousal or de facto maintenance order ceasing to be in force must be confirmed.

Proof of the event can include but is not limited to:

• a child marries or becomes a member of a couple and
• the payee and payer agree that this has occurred
• Service Officer obtains a tenancy agreement for the child’s residence showing that they are a joint tenant with their partner, or
• a court declares that the child is a member of a couple
• a child is adopted and an adoption order made by a court (or in some states a relevant state authority) is sighted
• in the case of a spousal maintenance order, the payee remarries and
• Service Officer sights a marriage certificate issued by the relevant state authority, or
• receive confirmation from the relevant state authority
• in the case of a de facto maintenance order, the payee marries and the order does not state is it to continue because of a special circumstance:
• Service Officer sights a marriage certificate issued by the relevant state authority, or
• receive confirmation from the relevant state authority
• The residency status of a customer changes. See Residency decisions for Child Support customers.

Once the event has been confirmed, go to Step 5.

When an event occurs that causes a child maintenance order, spousal or de facto maintenance order to cease to be in force, determine the effect this will have on the child support case.

Child Support must determine the intention of the order, in relation to the other children if:

a child maintenance order provides maintenance for more than one child, and

the order ceases to be in force in relation to one or more child

References has a link to the Child Support Guide 3.5.6: Other common provisions in court orders and agreements - ‘Orders setting a rate of child support for more than 1 child’ section.

If an event occurs that causes a spousal or de facto maintenance order or a child maintenance order (for all children of the case) to cease to be in force, the effect will be to end the case from the day before the event.

The case ends from the day before the residency status changed if:

• the order is an overseas court order, and either:
• both parties cease to be resident in Australia, or
• one party ceases to be resident in either Australia or a reciprocating jurisdiction

For more information see Residency decisions for Child Support customers.

If the event will cause the case to end, check the payer’s employment status. Is the employer relationship status active? See Payer Employer Relationship Window Help.

The payer must be delinked if the case has an active employer relationship status and the:

• employer is deducting child support, and
• customer has no other case, and
• customer has no debt

See Employer Withholding (linking) for Child Support customers.

Do not end the employer link if:

• the employer is deducting child support, and
• the customer has debt, and
• it is appropriate that this collection option continues to be used to collect arrears

Also check for any outstanding s72A notice that may need to be adjusted after the terminating event. See Collection of child support debts through third parties (s72A and s72AC).

Update Cuba to reflect the event:

• Deceased customer/child, go to Step 3
• Child marries or enters into a de-facto relationship, go to Step 4
• Child is adopted, go to Step 5
• Payee remarries, go to Step 6
• Both parties have ceased to be resident in Australia or one party has ceased to be resident in Australia or a reciprocating jurisdiction (overseas orders only), go to Step 7

Service Officers will have previously recorded the relevant information in the Deceased Client window. If there are other children on the case update the periodic amounts in the Additional Registration Information window. Update based on what changes were determined necessary when considering the effect on the child support case or liability. See Agreements Cuba Process Help.

Go to Step 8.

Update the Marital Status field in the child’s Individual Customer Details window to indicate they are married or have entered into a de-facto relationship and the date determined to be when their status changed.

If there are other children on the case update the periodic amounts in the Additional Registration Information window. Update based on what changes were determined necessary when considering the effect on the child support case or liability. See Agreements Cuba Process Help.

Go to Step 8.

Update the periodic amount in the additional registration window so it ceases the day before the child was adopted. Also, if there are other children on the case update the periodic amounts in the Additional Registration Information window. Update based on what changes determined necessary when considering the effect on the child support case or liability. See Agreements Cuba Process Help.

Go to Step 8.

Update the periodic amount in the Additional Registration Information window so it ceases the day before the payee remarried.

This will end the case when eligibility is run. See Agreements Cuba Process Help.

Go to Step 8.

Update the periodic amount in the Additional Registration Information window so it ceases the day before the residency status changed.

This will end the case when eligibility is run. See Agreements Cuba Process Help.

Run eligibility to give effect to the changes in Cuba.

If Cuba is making unexpected changes, do not save eligibility until it has been corrected. See Eligibility Window Help and Eligibility Cuba Process Help.

Determine if any penalties have been imposed since the date the case was ended.

If penalties have been applied in this period consider whether they should be remitted.

References has a link to the Child Support Guide 5.1.6: Late Payment Penalties - ‘Remitting a late payment penalty’ section.

To remit penalties see Penalties Cuba Process Help

Notify customers when a terminating event (other than the death of a customer or child) has occurred.

The system will automatically issue the following decision letters:

• MEA1-4 - Letter to a Payee to advise that a terminating event has occurred
• MEA1-5 - Letter to a Payer to advise that a terminating event has occurred

If the event also affects the case Cuba will automatically issue:

• GNV - General variation letter issued to both customers
• XR1 - Register Entry to accompany a letter

Sometimes the system:

• suppresses the Cuba letters, and
• issues a NOA-01 CS Notice of Assessment and Covering Page

The NOA-01 consolidates the decision letters.

When does the NOA-01 issue?

There are no Cuba generated letters for the death of children:

• Create a manual letter to the customers, explain:
• the case has ended, and
• provide the reason
• This letter must be approved by a Team Leader in the Deceased Customer Management Team. See Letters Cuba Process Help

If there are outstanding arrears and a customer or child is deceased, address the outstanding arrears:

• Arrears owed following the death of a child, payee or payer

DCM Service Officers may consult their Team Leader or senior officer about options for child support debt where either the payee or payer is deceased. Follow up the debt as when a terminating event occurs. See Terminating events (Stage 2).

• Outstanding arrears

If the case ends and arrears remain that have not been discussed, contact the payee. Ask if they wish for the arrears to be collected.

If the customer does not want the arrears collected, see Stage 1 - variations. If arrears are to be collected, arrange with the payer for payment to commence/continue.

If the payee wants the arrears collected and the payer now resides overseas, transfer the case to the International team. See Updating Child Support customer information.

• International staff

If neither customer is resident in Australia the arrears may be uncollectible. Consider whether Child Support needs to contact the relevant central authority to request the case be withdrawn.