Child Support Act 1991

Objections

95: Obligation to pay financial support where objection made

You could also call this:

“You must keep paying child support while your objection is being looked at”

If you object to paying child support or domestic maintenance, you still need to pay it while your objection is being looked at. The Commissioner can still collect the money during this time.

However, this rule doesn’t apply if you’ve appealed under section 102 saying you’re not the child’s parent, and a court hasn’t made a final decision about this yet.

If you’ve made an objection that hasn’t been decided yet, you can ask the Family Court to pause or reduce your payments until a decision is made. The court will decide if this is okay.

If the court later finds that you do need to pay child support or domestic maintenance, you might have to pay for the time when your payments were paused or reduced. The court can make exceptions to this if there are special reasons.

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94: Determination of objection not to affect other assessments or decisions, or

"Objecting to one decision doesn't change other decisions"


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96: Objections to which this Part does not apply, or

"Things you can't challenge in this part of the child support law"

Part 6 Objections

95Obligation to pay financial support where objection made

  1. The obligation to pay, and the right of the Commissioner to receive and recover, any child support or domestic maintenance shall not be suspended by the making of any objection under this Part.

  2. Subsection (1) does not apply in relation to a person if—

  3. the person has made an appeal under section 102 in relation to a child; and
    1. a ground of the appeal is that the person was not a parent of the child; and
      1. there is not a final decision of a court determining that ground of the appeal.
        1. Where an objection has been made under this Part but the objection has not been finally determined, the objector may apply to the Family Court for an order under section 117 that the liability imposed on the objector under this Act be suspended in whole or in part, pending the final determination of the objection, and the court may make such order (if any) as it thinks appropriate.

        2. If, on the final determination of the objection, the court finds that the objector is liable to pay child support or domestic maintenance, that finding shall apply retrospectively to any period during which the liability was suspended, in whole or in part, under this section, unless the court for special reasons orders otherwise.

        Notes
        • Section 95 heading: amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
        • Section 95(1): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
        • Section 95(2)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
        • Section 95(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 95(4): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).