WA Ex-nuptial child support cases - Section 107 and Section 143 orders for Child Support customers 277-18061544

Answer: Yes - debts from a s143 order can be offset against debts arising from cases involving the children of both parties. This would cover the scenario where a s143 order was obtained for one child but the case continues for other children of the parents.

Answer: Yes – S72AA of the Registration and Collection Act 1988 states that deductions can be made from the social security pensions and benefits of payers who have an outstanding debt under an overpayment order that is registered for collection by Child Support.

Note: at this point in time, Cuba is unable to administer Deductions from Centrelink via S72AA. This will be updated when the option becomes available as a result of a future Cuba release.

Answer: Yes – the s143 order must specify an amount or it must specify amounts paid during a specific period for it to be registered with Child Support and recovered from the former payee. The s143 order could specify 'all amounts paid for child support' which means Child Support would have to calculate the amount repayable from their records and check with the parties to the order for any amounts paid directly during periods of private collect to arrive at the amount.

Answer: No – Child Support need the court to make the s107 declaration that a person is not liable to pay child support for the child/children and also a s143 order which details the amount that is to be repaid.

Answer: No – the s143 order must specifically state an amount of money to be repaid or amounts paid during a specific period. If the order is for property, the former payer would need to enforce that order themselves.

Answer: No - Section 71C (5) of the Registration and Collection Act excludes s143 liabilities from the prescribed NAPs provisions.

Answer: When completing the periodic amount, raise the full liability (overpayment) amount for 1 day as the periodic amount, using the frequency as daily and the liability to start and finish on the same day. If the court order specifies 'all child support payments' are repayable (or something similar), calculate the amount to be paid under the s143 order. It will include any amounts paid directly during periods of private collect. Obtain the assessed rate prior to any s107 being actioned. After the s107 is actioned staff will not be able to easily obtain the assessed rate and will need to refer to the case notepads as collection information should have been recorded when the s107 was actioned. The parties to the s143 order may only recall that child support was paid as assessed.

Answer: If the payer paid over and above the assessed rate for a private collect period, Child Support would only be able to collect the assessed rate. Additional amounts paid above the assessed rate are not strictly child support, they would be a gift. Both parties will need to be contacted first, to confirm amounts paid and determine if this amount was more than the assessed rate.