Court Orders for Lump Sum Child Support
The Child Support Legislation gives power to the Court (but not to the Child Support Agency) to make an order for Lump Sum Child Support. Those wishing to obtain a lump sum payment must therefore apply to the Court.
Applications to the Court are expensive however, if there are financial matters (ie propertly settlement) already before the Court then it will be economical to include an application for Lump Sum Child Support.
Orders for Lump Sum Child Support are only made where these is a real possibility that periodic (ie regular weekly or monthly payments) will not be made and the applicant can identify a pool of funds or assets from which a Lump Sum payment can be made.
Instances where it may be appropriate to apply for a Lump Sum are:
- The liable parent has consistently and persistently failed or refused to make the periodic payments as assessed by the Child Support Agency;
- The liable parent proposes to leave Australia for an indefinite or extended period;
- The liable parent has deliberately reduced his/her income or has deliberately left paid employment.
Lump sum child support can also be included in a negotiated Property settlement whereby it may be advantageous to the payee parent to receive a larger share of the matrimonial assets up front and also advantageous for the liable parent to make a lump sum payment and be relieved from having to make further child support payments for an agreed period of time.
Any Lump Sums ordered will be credited against the liable parent's child support liability.
Ask your Lawyer whether a Lump Sum payment of child support may be applicable in your case.
The above is not legal advice and is only a brief summary of a complex area of Law. You must seek legal advice which is appropriate to your particular and specific circumstances.
Contact us to arrange a consultation with one of our experienced Lawyers.
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