WA Ex-nuptial child support cases - Recovery of child support debts by payees in court 277-18061448

Legislative amendments, effective from 1 January 2007 (1 November 2007 for WA Ex-nuptial cases), allow payees to initiate private court action to enforce the registered child support debt without opting their cases out of collection by Child Support.

Legislative amendments that allow payers to initiate private court action to enforce the collection of overpayments of child support effective from 1 July 2018 do not pertain to WA Ex-nuptial cases at this time.

If a payee wishes to pursue their own enforcement action, or is not satisfied with the agency's collection actions, they can apply directly to a court under section 113A of the Child Support (Registration and Collection) Act 1988 to commence court enforcement proceedings in relation to the liability owed by the payer. See Child Support Guide 5.4.7: Payee's right to enforce debt via court proceedings for further information.

Note: enquiries about payee enforcement from legal representatives or the courts should be referred to the Child Support Solicitors line. The Resources page contains a link to the Child Support information for legal professionals webpage for the Child Support Solicitors line.

Debt Enforcement Gateway Officer

Conducts initial review of matter and refers the case to the Program Support Manager

Service Officer

• Case manage the customers and monitor the case
• Ensure case details are correct and all appropriate administrative action has been taken
• Liaise with Program Support Manager as appropriate

Program Support Manager

• Review recommendations made by the Service Officer and liaise with Service Manager and and Program Advice as appropriate
• Discuss with FOI and Litigation Branch and instruct, as required
• Updates the Recovery of Debts by Payee Register
• Allocates to a Service Officer for case management

Program Advice (PA)

• If required, review case history and current status and determine if there are any errors or omissions in Child Support actions or procedures
• Consider recommendations to intervene