Your Legal Options When Your Ex Stops Paying Child Support in NSW

In Australia, parents are entitled to receive child support to help cover the costs of raising children after separation. If your ex-partner has stopped paying child support, this can create financial stress and uncertainty, especially as both parents have a legal obligation to financially support their children. 

Child support typically covers a broad range of expenses, including but not limited to school fees, uniforms, medical and dental costs, extracurricular activities, housing, food, transport, and other essential living costs. These payments generally continue until the child turns 18, although they may extend beyond this age if the child is still completing secondary education or requires additional support due to disability.

When a parent stops paying child support, the immediate consequences can be significant. The primary caregiver may face unexpected financial strain, difficulty meeting the child's needs, and uncertainty about future stability.

This article will discuss the steps you can take to recover unpaid child support payments, including mechanisms of ensuring your

agreement is formal and legally binding.

How does Child Support Arrangements work in Australia?

Child support payments ensure both parents contribute to the expenses incurred in caring for your child. These may include school fees, extracurricular or medical expenses. These payments typically remain in place until your child turns 18. Child support agreements can be arranged through private agreements, the child support agency or with legal support. Child support in Australia can be arranged in several ways, each offering differing levels of formality, flexibility, and enforceability. Understanding these options is crucial, as the type of agreement you have directly affects what enforcement mechanisms you can access if payments stop.

Private Child Support Agreements

Private agreements allow parents to determine the best way to manage payments. However, this is reliant on effective mutual communication. These agreements are not registered with the Child Support Agency, meaning that they are only enforceable through the courts. This may be costly and requires legal assistance.

A Child Support Assessment provides a structured, government-calculated payment amount determined by:

• each parent’s taxable income
• the percentage of care each parent provides
• the number and ages of the children
• the child's financial needs

Going through the Child Support Agency, which is part of Services Australia, provides a more structured approach. Enforcement is significantly easier as they can adopt several administrative measures to ensure payment is made. Services Australia can determine the amount of the payments made, dependant on each parents’ income and how much time each parent spends with your child. You can also work with lawyers to create a legally binding Child support agreement with payment amounts and timeframes outlined. This can be registered with the Child Support Agency so that they can assist in recovering payments, rather than having to go through the courts. It is best that you seek legal assistance to help draft these agreements.

Binding and Limited Child Support Agreements

Parents may also choose to enter into a Binding Child Support Agreement (BCSA) or a Limited Child Support Agreement (LCSA). These legally formalised documents, drafted with independent legal advice, contain specific and enforceable terms regarding child support.

Once registered with the Child Support Agency, these agreements allow administrative enforcement meaning Services Australia can pursue unpaid amounts without requiring court intervention. Binding agreements provide long-term certainty, while limited agreements allow for more flexibility and review.

Legal advice ensures the agreement is properly drafted, compliant with legislation, and reflective of the child’s best interests.

The Critical Distinction Between Child Support and Parenting Arrangements

One of the most important, yet commonly misunderstood, legal principles in family law is the separation of child support obligations from parenting time or custody arrangements.

Under Australian law:

• A parent cannot refuse to pay child support because they are unhappy with the parenting schedule.
• A parent cannot withhold the child from the other parent due to unpaid support.

These two areas; financial responsibility and parenting arrangements, are governed by separate legal frameworks. Courts take breaches of parenting orders extremely seriously, and withholding a child in response to unpaid child support may result in legal consequences for the withholding parent.

Understanding this separation helps prevent disputes from escalating and ensures the child remains at the centre of both financial and parenting decisions.

What steps to take if your ex stops paying Child Support

1. Communicate openly with them

You should first communicate with your ex and discuss the situation. This is important as they may be experiencing circumstances like temporary financial difficulties. It is possible that the parent is experiencing temporary financial challenges, administrative issues, or misunderstandings about the payment schedule. Communication is not advisable if you are experiencing family violence.

In these situations, proceed directly to contacting the Child Support Agency or obtaining legal assistance. Your safety and the safety of

your child should always come first.

2. Review your agreement

It is best to review your agreement if there has been a significant change in income or living arrangements. Substantial changes, such as job loss, shifts in care arrangements, reduced capacity to work, or increased expenses for the child may justify a reassessment.

If this is the case, you should request a reassessment from the child support agency so that child support payments can be adequately made by each parent. Services Australia allows parents to request a reassessment when circumstances materially change. This ensures payments remain fair, consistent, and aligned with the child’s needs.

3. Contact the Child Support Agency for Guidance and Enforcement

If you are unable to solve the issue with your ex, the Child Support Agency can assist in recovering the unpaid child support. Their role includes:

• investigating unpaid amounts
• escalating collection efforts
• applying administrative enforcement tools
• providing advice about reassessment or agreement registration

In many cases, the CSA’s involvement encourages compliance quickly because of its strong enforcement powers.

4. Seek legal advice

It is best to do this, particularly if you are seeking court intervention or are wanting to have a binding child support agreement put in place. They can also assist in providing support needed to enforce payments.

5. Document everything

Ensure you retain detailed records of child support payments, missed payments and any communications with your ex and the Child Support Agency. This can be helpful if legal action becomes necessary.

Enforcement measures Available for Unpaid Child Support

Once the preliminary steps have been taken, several mechanisms can be used to enforce payment of child support. Enforcement options depend on whether you have:

• a registered Child Support Assessment, or
• a Binding or Limited Child Support Agreement registered with the CSA

If your arrangement is not registered, you may need to formalise it before enforcement can proceed.

1. Administrative enforcement by the Child Support Agency

The Child Support agency has several ways they can assist you in recovering unpaid child support. These powers can only be used if there has been a formal assessment made, or an agreement has been registered with Services Australia.

They include:

• Wage garnishment: payments are deducted directly from the parent’s wage or salary. This ensures payments are regularly made.
• Tax refund interception: Services Australia can intercept tax refunds from the Australian Taxation Office to cover unpaid child support. They can also deduct money from any welfare payments the parent may be receiving.
• Bank account garnishment: money may be removed directly from the parent’s bank account.
• Credit reporting: Services Australia may report unpaid child support to credit agencies, which will impact their eligibility for loans.

2. Private collection

If you prefer not to engage the Child Support Agency, you can seek payments through private collection methods. To do so, it is best to engage an experienced family lawyer who can assist you in understanding your options, including court action. They will likely suggest mediation or negotiation as a first step, which often leads to a resolution without formal enforcement. This method is cheaper, quicker and more flexible than court intervention.

3. Court intervention

Legal enforcement may be necessary if administrative enforcement is insufficient. The Courts have powers to enforce payments through wage garnishment or asset seizures. They can also make a departure prohibition order which will prevent the parent from leaving Australia until the outstanding payments are made. In severe cases, the Court can impose penalties including fines or imprisonment. They may also declare the parent bankrupt as a result of failure to make payments, with outstanding payments recovered during their period of bankruptcy.

How can you receive financial assistance whilst pursing unpaid child support?

You may need additional financial assistance to manage your child’s needs. There are several government assistance programs that can provide you with temporary relief. For example, low to middle income earners can claim the Family Tax Benefit which can help cover the costs of raising children.

Conclusion

Whilst recovering unpaid child support can be stressful and overwhelming, it is always best to consult an experienced family lawyer for child support services.

Australian law provides a wide range of mechanisms both administrative and judicial to ensure that children receive the financial support they are entitled to. Taking timely and informed action can make a significant difference in the recovery process. Whether through communication, reassessment, administrative enforcement, or court intervention, there is always a pathway forward.

Legal advice is especially valuable when navigating complex situations, formalising agreements, preparing evidence, or escalating matters to court. A family lawyer can help you understand your rights clearly, explore all available enforcement options, and take decisive action to secure the financial stability your child deserves.

The Norton Law Group’s accredited family law team is equipped to assist you with negotiating agreements, enforcing unpaid child support, and representing you in legal proceedings. If you need guidance or support, do not hesitate to contact us, your child’s future and financial wellbeing are worth protecting with the strongest legal tools available.

At the Norton Law Group, our accredited team of family lawyers can help you explore your options, represent you in Court and ensure you receive the financial support you need. If you need assistance, do not hesitate to contact the Norton Law Group today.