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When Child Support Doesn’t Get Paid: What You Can Do
Child support is meant to help cover the costs of raising children after separation, food, housing, school supplies, and all the other day-to-day expenses that come with parenting. But when payments don’t arrive on time, or stop altogether, it can quickly create stress and financial pressure. If you’re in this situation, you’re not alone, and there are steps you can take to get things back on track. Here’s what you need to know about enforcing child support in Australia and how Services Australia or the Family Court can help.

How Child Support Is Managed

In most cases, child support is handled through Services Australia (Child Support), which assesses how much each parent should pay based on income, care arrangements, and other factors.

There are two main ways payments can be made:
  • Through Services Australia (Child Support Collect): Services Australia manages and transfers payments between parents.
  • Private Collect: Parents manage payments directly between themselves.

If payments are missed or delayed, the way you deal with it will depend on which arrangement you have.

If Services Australia Collects the Payments

If Services Australia is already managing your child support, they can take steps to recover unpaid amounts when the other parent falls behind.

Some of the actions they can take include:
  • Automatically deducting payments from the other parent’s wages or tax returns.
  • Intercepting government benefits or other payments owed to them.
  • Issuing a Departure Prohibition Order (DPO), which stops someone from leaving Australia until their debt is cleared.
  • Charging late payment penalties or, in serious cases, taking legal action to recover the debt.

If you notice payments aren’t coming through, it’s best to contact Services Australia early, they can confirm what’s happening and begin enforcement if needed.

If You Manage Payments Privately

If you and the other parent have a private payment arrangement and payments stop, you still have options.

You can:
  • Ask Services Australia to start collecting payments on your behalf (switching to a “Child Support Collect” arrangement).
  • Apply to the Family Court to recover unpaid amounts, especially if you have a binding child support agreement in place.

It’s a good idea to keep detailed records, things like messages, bank transfers, and receipts, as they’ll be useful evidence if you need to prove missed payments later on.

Going to Court for Unpaid Child Support

In more serious cases, particularly where large debts have built up or the payer is avoiding their obligations, court action might be necessary.

The Federal Circuit and Family Court of Australia (FCFCOA) can:
  • Order the payment of outstanding child support.
  • Authorise wage garnishing or property seizure to recover the debt.
  • Enforce existing child support agreements or orders.

Courts view child support as a right belonging to the child, not the receiving parent, so they take non-payment seriously. Before going to court, it’s wise to speak with a family lawyer, who can help you understand the best approach for your situation and guide you through the process.

Practical Tips if Child Support Isn’t Being Paid

  • Act early: Don’t wait too long before raising the issue, the sooner you take action, the better the outcome.
  • Keep records: Document every missed payment and all communication.
  • Get advice: A lawyer or Services Australia representative can explain your rights and next steps.
  • Protect your safety: If non-payment is part of a pattern of control or abuse, seek advice about protective measures that may be available.

Unpaid child support can be frustrating and financially challenging, but there are systems in place to help. Whether through Services Australia or the Family Court, there are ways to enforce payments and ensure your child continues to receive the support they deserve. If you’re struggling with missed payments or don’t know where to start, speaking with a family lawyer can help you understand your options and take the next steps with confidence.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2113 4645 if you need our assistance.
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Children
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