Stage 1 - registrations 277-05060000

The following types of court orders or (court-registered agreements) may start a registrable maintenance liability:

• Child maintenance orders, including adult child maintenance orders where a parent or non-parent carer of the child is the payee
• Step-child maintenance orders
• Spousal maintenance orders
• De facto maintenance orders

Note: from 1 July 2008 a child maintenance order where the maintenance is payable directly to the child cannot be registered with Child Support.

A payee who notifies Child Support about a court order or court-registered agreement can elect for Child Support to collect on their behalf or collect privately.

A payee or payer may contact by telephone to advise of a court order or court-registered agreement. Alternatively, a Service Officer may receive a copy of a court order or agreement sent to Child Support by a payee or payer. Customers may also use the Request to change payment collection method form (CS1979), see Resources for a link to the form.

If Service Officers have not received a sealed copy of the court order or court-registered agreement in the initial contact, ask the customer to provide a copy. If a Service Officer is unable to contact the customer or they cannot provide a copy of the court order or agreement, Child Support can obtain one directly from the court. Service Officers will need the following details:

• The date the order was made
• The customer's court reference number (usually located on previous court orders that the customer may have), and
• The court the order was made in

Note: it may be necessary to make the request to the court in writing. Allow 14 days response time.

If unable to obtain a sealed copy of the court order or court-registered agreement advise the customer by telephone that Child Support cannot take any action until the order or agreement has been sited. If telephone contact cannot be made, notify the customer in writing. See Table 4 > Step 3.

The applicant or the other party may have advised Child Support of the court order or agreement in the past. Check to see if this has occurred before creating a registration record with the court order. Also check to see if they have a pre-existing Stage 2 Child Support Assessment.

Complete searches using the details of the applicant, the children (if applicable) and the person from whom the maintenance is sought.

Search Cuba using:

• any case number provided by the customer
• any reference numbers (TFN, CRN, or CSID) provided by the customer
• the customer’s current and previous names (including maiden names)
• the customer first name and a surname of unknown (this may identify customers who were children in a previous case)

Do not use the customer’s middle names. This will prevent the display of any customer records without the exact middle name listed.

For more information see Search and create a child support customer record.

Note: for s66L orders (adult child maintenance) the court may order a parent to pay maintenance for a child who is over 18. Sometimes one parent makes the application on behalf of the child, and Child Support may have an existing Stage 2 case for the parents and child.

To obtain a TFN for the customer, search the ATO system via Cuba using the customer’s current and previous names and their date of birth. Use the TFN found to search the Child Support system

See Customer records Cuba Process Help to search Cuba and the ATO systems for an existing customer record.

Note: if the customer does not have an existing case, for data integrity purposes the initial search must be conducted through Cuba by requesting data from the ATO. To do this, select the ATO radio button in the Customer window. This automatically issue a legal notice. If further searches are required using ATO applications, or if Service Officers need to look at the details of several potential matches via Cuba in order to locate/find the customer, the legal notice issued from the Customer window will cover these searches.

For further help searching the ATO systems see the External searches guide.

If the customer has an existing customer record check the details of the case to find out if it is the same case and court order.

Look for any existing case records for both customers and the child/ren. If an existing case record is found, check if the order is a duplicate, or if there is an existing Stage 2 assessment or agreement in place.

To check if the order is a duplicate, view the court order details recorded in the Additional Registration Information window to find out if this is the same court order or agreement. See Agreements Cuba Process Help.

Note: for older cases also check the Communication window for both customers for relevant details.

Where the order is a duplicate of an order already recorded:

• record the application and the order in the Communication window
• contact the customer to find out why they have resent the order

If the Service Officer confirms that this is a Duplicate record, this is the end of the process.

Duplicate Registration

A registration must not be duplicated. A new registration cannot be saved where there is an existing registration with exactly the same details. A message box will display advising that an existing registration exists with the same information. Service Officers can then view that case.

If Service Officers select the existing case the data they have just entered will be lost. To prevent this, open a new session to check the existing case.

Where there is an existing Stage 2 assessment or agreement, check if the order is to vary an assessment or an original order for maintenance.

Note: the most common scenario where customers would have a Stage 2 assessment and a Stage 1 court order is where a child of the relationship has turned 18 and is now undertaking tertiary study. Under s66L of the FLA a court can order that a parent pay maintenance for an adult child if that child has a disability or to enable the child to complete their education. If there are younger children the Stage 2 case continues and the order gives rise to a Stage 1 case.

If it is an order to vary the assessment, see Court varied assessments (CVA) including lump sum orders. If it is an original order for maintenance, continue with this process.

If the payee is:

• already recorded in Cuba, update any details that have changed. Do not create a new record
• not recorded in Cuba, create a new customer record

Complete the information in the Client Profile window. Record additional customer details such as preferred language and special needs, e.g., hearing impaired or interpreter required. See Customer records Cuba Process Help..

Note: the information in the customer profile is voluntary. Customers do not have to provide the information however it may help Child Support provide a better service.

Confirm this information when conducting the pre-registration interview

If a customer record exists for the payer, do not create a new customer record. Update any details that have changed.

Where the payer is not recorded on Cuba, create a new customer record.

Complete the information in the Client Profile window. Record additional customer details such as preferred language and special needs, e.g., hearing impaired or interpreter required.

Note: the information in the customer profile is voluntary.

Confirm this information when conducting the pre-registration interview.

This step is only necessary if the court order or agreement is for periodic child maintenance. If the court order or agreement is only for spousal maintenance, go to Step 4.

To create a new child record, create a record for each child in the order.

Note: children’s surname: Children’s records created pre-Cuba could have the payee’s surname, the payer’s surname, or ‘unknown’ as their surname.

Search on all these options for the children if an existing record was found for either the payee or payer. For more information about children with ‘unknown’ as their surname or duplicate children, speak with a Service Support Officer (SSO).

Confirm this information when conducting the pre-registration interviews.

For a new case, after recording the details of the people involved, record the case. This process will allocate the case number to the case. Provide the case number to the customer and write the case number on the paper application if there is a paper copy.

To create a new case:

• create a new involvement list record and record a new registration record. Select the appropriate radio button to identify the applicant as the payee or payer. Use the select button to add the other party and children covered by the order. See Assessments Cuba Process Help to create a new case and add the details of a registration
• Add the details of the case including completing the Service Options dialog box in the Case/Registration window with the payee's choice of collection, that is private collect or collection by Child Support

Service Officers must lock both customers to themselves.

Collection option: for new cases the collection choice defaults to ‘No’ (private collect). Service Officers must change this if the payee wants Child Support to collect. If Service Officers ‘save accept’ eligibility, without changing the collection option, the case will be registered private collect. This means Service Officers will have to Opt the case in later, which produces confusing multiple letters to the customers.

Check the court order or court-registered agreement to determine if there is a registrable maintenance liability. A court order or agreement creates a registrable maintenance liability if:

• there is a periodic amount specified to be paid by a parent or a step-parent for the maintenance of a child (including an adult child), or
• there is a periodic amount specified to be paid by a party to a marriage for the maintenance of the other party to a marriage (spousal maintenance), or
• from 1 March 2009, there is a periodic amount specified to be paid by a party to a de facto relationship for the maintenance of the other party to a de facto relationship and the order or agreement was made in an Australian court

International de facto maintenance orders cannot be registered in Australia. If the court order or court-registered agreement is for spousal maintenance, check to confirm the parties were married, and not just de-facto, before proceeding. For more information, see References for a link to the Child Support Guide 9.1.3 Court order - spousal & de facto maintenance.

Note: from 1 July 2008, if the periodic amount is to be paid directly to the child (including an adult child) the maintenance order cannot be registered with Child Support for collection.

If the court order or agreement does not create a registrable maintenance liability, Service Officers should advise the customer by telephone. If telephone contact cannot be made, notify the customer in writing. See Table 4 > Step 3.

If the payer resides in a non-reciprocating jurisdiction, then either party can apply for an Australian court order for child maintenance. See References for a link to the Child Support Guide 2.1.1 Application for assessment, where one parent is not a resident of Australia.

After saving the details of the registration record the details of the order. See Agreements Cuba Process Help.

After recording the details of the court order/agreement record the details required in the actioning windows:

• Record the amount payable under the order in the periodic amounts window
• Record any inflation factors (CPI, CSI or other) that affect the registration in the inflation factors window. Note: often when the customer is registering a court order that was made some time in the past Service Officers will need to apply any inflation factors to the initial periodic amount before recording the current periodic amount on the system
• Record any clauses (other than inflation) that affect the registration in the Clauses window

Even if Service Officers know the case is ineligible they must key all the available information in all the windows before running Eligibility so that Cuba can determine the correct reason for the case being ineligible. See Eligibility Cuba Process Help.

Errors or warnings

Fix any errors or warnings in the Pre-confirmation dialogue box before saving eligibility. Service Officers must be able to justify any changes being made to related cases. A Stage 1 case should not lead to changes in other cases. If Service Officers do not understand why a change is occurring, check with an SSO.

Contact both customers and conducting a pre-registration interview. This is an important part of the registration process and is a compulsory step for all cases.

Document the details of the interview in the Communication window including any follow up required.

Record the pre-registration interview as:

Registration Interview (phone out)

• Type - PHONE OUT
• Reason - PROVIDE INFORM
• Category - REGISTRATION
• Issue - REGISTRATION
• Notepad - Record interview details

Registration Interview (phone in - customer responds to a Please Contact letter)

• Type - PHONE IN
• Reason - PROVIDE INFORM
• Category - REGISTRATION
• Issue - REGISTRATION
• Notepad - Record interview details

Unsuccessful phone attempts

• Type - PHONE OUT
• Reason - PROVIDE INFORM
• Category - REGISTRATION
• Issue - Other
• Notepad:
• Subject heading - 'Attempted phone contact'
• Text box - Include phone no. called and time

A Please Contact letter sent:

• Type - WRITTEN COM OUT
• Reason - PROVIDE INFORM
• Category - REGISTRATION
• Issue - PROCESS
• Notepad - Optional

In order for the customers and Child Support to achieve the maximum benefit from the interview it is vital that Service Officers are properly prepared. As no 2 cases are the same, tailor the interview to meet the needs of each customer.

Review the information supplied and the information gather via ATO searches to identify areas where more information is needed or where details need to be clarified. In some cases Child Support will need more information about the liability, whilst in other cases information is needed to locate the other party and/or collect the liability.

No telephone number for the customer

Conduct searches to obtain a number including telephone directories, the external information screen and CSU (if applicable). During the pre-registration interview, ask the customer if they have a number for the other party

Unable to contact the customer by telephone

If unable to make phone contact with the customer within 48 hours:

• issue an MX 0-1 Request for customer to contact CSA letter. In the free text area, include what will occur if the customer doesn't contact using the suggested letter text in Letters Cuba Process Help Child
• continue to attempts phone contact after issuing the letter

Allow the customer a reasonable period (7-14 days) to respond to the letter before moving on to the next step.

Customer contact during the registration provides the opportunity to:

• establish personal contact with customers early in the life of the case and provide a contact should the customer have further questions
• confirm current information and obtain any missing information from the customer
• make sure that customers are adequately informed of their options, rights and responsibilities, and
• discuss important issues regarding the extent of Child Support involvement in their case

Contacting both customers is a compulsory step in for all cases.

The pre-registration interview is generally the first contact between the customer and Child Support, and establishes the basis for all future dealings. Proper preparation is vital as it allows for the interview to focus on the individual circumstances of each customer.

Although a range of topics can be covered with both the payer and payee the following issues must be discussed in every case.

• For payees, give an explanation about the benefits of private collection and the availability of a safety net in the event that this option does not work. Many payees initially elect for their case to be collectible because they don't think they have a choice. Where the payee chooses to elect for Child Support to collect, explain the payment cycle and that if the payer is compliant register initiated private collect may be considered after 6 months. If a payee elects for Child Support to collect payments, obtain bank account details
• For payers, discuss the payment of their liability. Explain:
• The amount of their liability and when it is due
• Available payment options
• What to do if they can't pay the liability or full amount of the initial debt by the due date
• The action Child Support can take if payments aren't made by the due date.
• Options and provide referrals to external services to help payers manage any issues affecting their capability to pay

During the interview make a judgements about which topics are relevant to each customer and the level of detail that needs to be provided. Use active listening skills to make sure the customer's questions and concerns are addressed.

Introduction:

• Service Officer identifies themselves – Who they are, where they are from and why they are calling
• Indicate the probable length of the call
• Check if the current time is convenient for them to discuss case details. If not, arrange a time that is more convenient
• Advise customer regarding privacy requirements
• Establish level of knowledge of the Child Support system, especially as it relates to their court order. This will be a useful guide in determining the level of information Service Officers should provide

Obtain any missing information

• Ask the customer to provide any information that is needed to complete our records or clarify any details which are unclear

Discuss case and provide information

The following list may be useful as a guide to the issues which Service Officers will discuss during the interview. Further information of these topics is provided below.

• Explanation of the Registration and Collection Act, go to Step 5
• The payment/disbursement cycle, go to Step 6
• Changes in Circumstances, go to Step 7
• Payment Issues/Options, go to Step 8

Discuss registering with CSAOnline. See Access and troubleshooting Child Support self service and Using Child Support self service.

It may also be appropriate to refer the customer to an external provider for matters that are beyond Child Support's control, such as how much time a child will spend with a parent.

See Products and services Cuba Process Help for guidance on how to record the offer of a product/service or to forward support material.

Do not offer Stage 2 options, such as estimates, COA and relevant dependants, to Stage 1 customers.

Closing

Confirm the information provided by the customer and check to see if they have any further questions. Go over the next steps in the process and restate any follow up action which the Service Officer or the customer have agreed upon. Service Officers should provide their name and contact number to the customer so that they can ring the Service Officer again if the need arises.

Service Officers should document the pre-registration interview as described at the start of this step.

At the conclusion of the interview, go to Step 9.

• Key Objective of the Child Support Scheme
• Ensure that children of parents who have separated are adequately supported
• Aim of Child Support
• To support separated parents transfer payments for the benefit of their children
• Contact with children
• Maintenance is payable regardless of contact levels
• Impact of Child Maintenance payments on Centrelink payments
• Advise payee to contact Centrelink to ascertain potential impact

• Child Support can only forward on money that has been collected
• Explain when the first payment is due for payment and when the payee can expect to receive their first payment
• Explain collection action Child Support may take if payments are not made by the due date

Note: when speaking to the Payee explain IVR and offer to set up their access. See IVR maintenance Cuba Process Help. Child Support Online Services may also be an appropriate option for both customers.

Explain that if their circumstances change, they should contact Child Support as it may have an impact on the amount of maintenance that they pay or receive.

If relevant discuss:

• Low-income non-enforcement (LINE) periods (only if the court order does not contain provisions regarding unemployment)
• Changes in care - Stage 1
• Changes in Court Orders

See the Reference page for a link to the Child Support Guide 9.2 Court variations & events that affect registered maintenance liabilities (other than assessments) for more information about variations to Stage 1 liabilities.

Inform the paying parent of the liability, the amount of their first payment and when it will be due.

If the payer is unable to pay the liability, discuss the payer’s circumstances which lead to the inability to pay, and offer possible options. E.g., if it is a short term inability to pay, a payment arrangement may be appropriate or a referral to external services. If the payer is just unable or unwilling to pay the court ordered amount, they may be able to apply for a LINE. See References for a link to the Child Support Guide 9.2.5 Suspension for unemployment (low-income non-enforcement period) or ask the courts to vary the order.

Advise the payer of their right to seek a stay order for the period until a decision is made on the new court order. Note that the court will not automatically grant a stay. Make sure they understand that Child Support may take enforcement action if they do not make payments and there is not a stay order in place.

The payer may be unable to pay as they also have a Stage 2 liability and do not have sufficient financial capacity to pay for both cases. Discuss the possibility of the payer making an application for a change of assessment on the Stage 2 case (under reason 9) to have the Stage 1 liability taken into consideration when setting the Stage 2 liability.

Discuss payment options with the customer.

• Linking to employer for automatic deductions from salary (EW)
• If payer does not want to be linked they must make an election for salary deductions not to apply. See Fixed annual rate not to apply applications
• BPAY ®
• Direct Credit
• Credit/debit card payments
• Post Office with payment slip from statement
• Cheque sent to Child Support with payment slip from statement
• NAPs including prescribed NAPs (S71C). Not available if the liability is for spousal/ de facto maintenance
• Centrelink Deductions - Include advice that Centrelink Deductions will automatically start if the payer is in arrears and on Centrelink Benefits. Not available if the liability is for spousal/ de facto maintenance

Ask the payer if they have made any payments to the payee since the lodgement date of the application, including any prescribed payments that the payer may be able to claim.

When the payer will be paying by Employer Withholding, explain the delays in starting deductions and the need for them to make payments direct to Child Support during the interim period.

Record on the Bank details window how the payee would like to have payments made to them – direct deposit into a bank account or cheque. To record these details, see Disbursement Cuba Process Help.

Direct deposit into the payee’s bank account is the Child Support preferred method and reduces the risk of lost cheques for the payees. Service Officers will need to make sure they have the payee’s bank account details if direct deposit is the chosen method.

This step will register the case.

Before running eligibility, update any changes or corrections advised by the customers (except payment options which must be keyed after running eligibility).

After keying the details of the court order/agreement into the appropriate windows, run eligibility to complete the processing of the registration.

See the Eligibility window help for information on how to access eligibility window and how to read the Preconfirmation Results dialogue box. For assistance with running eligibility, see Eligibility Cuba Process Help.

Note: the Pre-confirmation Results dialogue box contains important information that Service Officer needs to be aware of before accepting or rejecting the application. If a Service Officer expected the application to be accepted and the system determines that it should be rejected, note the reason for ineligibility then cancel the eligibility run. Check the information that has been keyed into each window. Seek assistance from a SSO if help is needed.

If the liability cannot be registered or is private collect go to Step 3.

Record how the payer would like to make the payments. This includes the frequency of the payments and the payment method, e.g., fortnightly payments by employer withholding or monthly payments paid manually (via Australia post).

See recording a new payment option in the Accounting Cuba Process Help. For payers who prefer to have employer deductions, establish employer withholding. See Employer Withholding (linking) for Child Support customers for more information.

After completing the registration process the following letters should issue automatically by the system when the application is accepted.

• Reg 3-1 To Payee - Stage 1 - Registration accepted
• Reg 3-2 To Payer - Stage 1 - Registration accepted
• XR1 Notice of register entry for Stage 1 cases (court orders and court registered agreements)

Where the application is rejected manually generate the Reg 3A-1 To Payee - Stage 1 - Ineligible application letter. See Letters Cuba Process Help.

Note: Reg 3-1 and Reg 3-2 letters will not automatically generate if there is a Spousal Maintenance Order in place. Manual letters must be generated to the payer and payee.

The user will have to complete the following fields to generate this letter:

• Maintenance Type claimed radio buttons - Child Support, Spouse, or both

Ineligible reasons dropdown list:

• The Liable Parents Application is invalid
• No Periodic Amount was provided
• You are not the person named on the Court Order to receive the maintenance
• The other party is not a parent, or step parent, of the child/children
• The court ordered child maintenance is not a fixed regular payment
• The child/children has turned 18 years of age
• The child/children has married
• The child/children has been adopted
• You are no longer eligible to receive spousal maintenance

Record a case assessment in the Service Options dialog box in the Case/Registration window his includes completing the indicators and selecting the appropriate Case Profile Quadrant.