Stage 1 - variations (CS) 277-05070000

Child Support may be advised of a possible variation either verbally, electronically or in writing from customers or by legal representatives.

A variation to a Stage 1 entitlement may require:

• an increase, decrease or suspension to the liability
• a discharge of arrears, or
• an application of new conditions to a previously registered Stage 1 court order

It is possible that a stage 1 case will need to be varied even if a new court order has not been made or an existing clause cannot be activated. Check to see if one of the following circumstances apply:

• if the customer has become unemployed or ceased to be unemployed and there is no unemployment clause in their court order, see Stage 1 - low-income non-enforcement (LINE) period
• if the customer’s care of the child(ren) has changed, see Stage 1 - Change in care non enforcement
• if the liability is to end, see Stage 1 - Ending case or liability

If a new court order has been made which replaces or amends an existing order, go to Step 2. If an event has occurred that triggers a clause in an existing order, go to Step 3.

If a variation to the Stage 1 entitlement is required because of a new or amended court order, request a sealed copy of this order from the customer. Before requesting a copy of the court order, check to see if it has already been received. It may take 2 or more weeks for a court order to issue.

Note: make sure the court document is a court order not just an application for an order. A court order will generally only be 1 or 2 pages, have a court seal and may include phrases such as ‘it is ordered' or 'it is ordered by consent'. if assistance is required, discuss the court document with a Service Support Officer (SSO).

If the parties to the court order are unable to supply a copy of the court order, suggest to the customer that they contact their legal representative or alternatively approach the court themselves for a copy of the order.

To obtain the court order a customer may require:

• the date the order was made
• the customer’s court file number (usually located on previous court documents), and
• the court the order was made in

If necessary a copy of a court order may be requested from the court but the same details as above would still be needed. If a request from a court is needed, discuss with a SSO.

After a copy of the court order is received, go to Step 4.

If a change in circumstances has occurred that relates to the operation of a clause in the court order, review the court order currently registered, go to Step 4.

If a new order is received, read the order and determine the ordinary meaning. If an existing clause needs to be activated read the order and search for documentation regarding the Child Support interpretation.

Court orders may:

• set a periodic rate of child maintenance
• apply clauses to affect the periodic rate of child maintenance, when certain events occur
• suspend the liability
• discharge arrears, or
• apply new conditions to an previous court order

See the Reference page for a link to:

• The Child Support Guide 3.5: Interpreting court orders
• The Child Support Guide 3.1.5: Spousal and de facto maintenance orders

Determine:

• if any part of the court order requires clarification
• Child Support interpretation of all relevant parts to the court order, and
• if any clauses are not administrable

If:

• further clarification is required, go to Step 5
• part of the court order may not be administrable, go to Step 6

If clarification of any part of the court order is required, contact both parties to discuss what they believe the intent is. If both parties have a shared understanding of the intention and their interpretation is consistent with the words of the court order, accept this as the interpretation. Make sure that the customers’ interpretations are documented with the court order, in case clarification of this issue is required in the future. See Contact with Child Support customers.

If the parties to the court order do not have a shared understanding of the intention or their understanding is not consistent with the words of the court order, it may be appropriate to contact the customers’ legal representatives as they may be able to provide additional information on the intent of the court order.

Note: before contacting a legal representative, confirm that this will be acceptable to the customers. Customers need to be aware that it is likely their legal representative will invoice them for their time, even when such action has been requested by Child Support.

Child Support may also request that the court provide additional information or reasons for judgement to clarify the intention of an order. Before requesting information from a court, a SSO may need to seek the assistance of a Program Support Manager. The Program Support Manager may seek additional assistance from Child Support Program Branch.

After determining the meaning of a court order, document the reasons for the decision and reference the legislation used to make the decision. For more detail about what to document, see Documenting Child Support information. Discuss decision with both parties.

If either party disagrees with the way Child Support intends to administer the order, they have the option to return to court. For example there may be an unemployment clause in an order that suspends a liability when the paying parent is unemployed. The order may state that the father is to advise Child Support when he recommences work but there is nothing else in the order to define what is meant by ‘unemployed’. If the customers cannot agree on a definition, the dissatisfied parent would need to go to court to obtain a new order.

If all or part or the court order is not administrable, go to Step 6 or Step 7, otherwise go to Table 2.

Where a part of a court order is not administrable, investigate if the remainder of the court order can operate sensibly and retain the original intention if the un-administrable clauses are removed, that is severed.

Contact both parties to discuss their understanding of the intention of the court order, advise that a part of the court order is not administrable and seek their views on whether the remainder of the court order can operate and still retain their original intention.

Taking into account the information both parties provide regarding the intent of the court order, decide if the court order as a whole can proceed without the severed part or if the court order is not administrable. A SSO must be consulted when making this decision.

If the court order is:

• administrable, see the Table 2
• not administrable go to Step 7

If the order is not administrable and cannot be put into effect, both customers must be contacted to advise why this is so.

• Discuss the options such as returning to court to seek a new order
• Document any contact with the customers or the court
• Create a unique letter through Cuba to the customers confirming details of the discussion. See Letters Cuba Process Help

Give effect to any variation that is required by the new court order or by the change in circumstances.

One or more of the following variations may be required:

• adding a periodic rate for a new child or a spousal maintenance entitlement
• updating a child or spousal maintenance entitlement
• adding a special entitlement
• removing an entitlement
• adding a clause
• suspending a liability
• activate/deactivating a clause, or
• discharging arrears

See the following if required:

• Agreements Cuba Process Help
• Discharge arrears Cuba Process Help
• Eligibility window help, and
• 'Reversing a discharge of arrears' section of Discharge arrears Cuba Process Help

If necessary after updating Cuba, run eligibility. Before saving eligibility make sure the changes to the assessment are reflected as expected. If the details of the assessment are correct, save eligibility. See Eligibility Cuba Process Help.

For further information on suspending or discharging a liability, go to Step 2 or Step 3 below.

A court may make a new order that suspends the child support or spousal maintenance payable under an existing order or agreement. The original court order will remain in force, however, no amount is payable for the period of the suspension. The court order may be expressed in terms that suspend the payee’s entitlement indefinitely, for a set period, or until a particular event occurs.

An existing Stage 1 court order or court-registered agreement may have a clause that suspends a payee’s entitlement when certain conditions are met such as:

• payer’s income falls below a set level
• becoming unemployed, or
• the child completes their education before they turn 18

Suspend the liability by loading and activating a clause that sets the periodic rate to nil. See Agreements Cuba Process Help.

Run Eligibility. See the Eligibility window help.

The customer may need to be advised of the need to implement some clauses. For example if a clause is to be implemented when a customer’s income falls below a certain level, advise the customer they should notify Child Support in that event.

In Stage 1 cases, a court may order the discharge of maintenance arrears. See the References page the Child Support Guide 3.5.4: Orders dealing with arrears .

Identify if the court order is discharging arrears for:

• a specified amount
• a specified period, or
• to leave a specified amount outstanding and discharge the remainder

Discharge arrears in accordance with the court order. See Discharge arrears Cuba Process Help.

The start date of the variation should be specified in the court order. If the start date is not specified, see the References page the Child Support Guide 5.1.3: Date a liability first becomes enforceable to determine a date.

The end date of the new entitlement should be specified in the court order. If no end date is specified and the order was made under the Family Law Act 1975, the end date will generally be the day before the child's 18th birthday. If the order was made under an Australian State or Territory law the end date may be different. Seek assistance from a SSO if clarification is required.

After the variation has been given effect, go to Step 5.

Cuba automatically generates the following letters when a variation is completed:

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