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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Orders for provision of child support in form of lump sum

108: Application for order for provision of child support in form of lump sum

You could also call this:

“Asking the court to change child support to a one-time payment”

You can ask the Family Court to change how child support is paid if you’re a receiving carer or a liable parent. Instead of regular payments, you can request a lump sum payment. Here’s what you need to know:

You can only make this request if there’s already a formula assessment in place for the child, the receiving carer, and the liable parent. Either the receiving carer or the liable parent can make this request.

The Family Court won’t look at your request right away if there are other applications or appeals still waiting to be decided. These include applications to the Commissioner for certain things, proceedings started by the Commissioner, applications to the court for departure orders, or appeals about some decisions.

The receiving carer and the liable parent are usually the only people involved in this request, unless the rules say someone else needs to be included.

Remember, this is just a way to change how child support is paid. It doesn’t change whether child support needs to be paid or not.

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Topics:
Family and relationships > Children and parenting
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107: Implementation of orders, or

"How changes to child support are put into action"

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109: Orders for provision of child support in form of lump sum, or

"Court can order one-time payment for child support instead of regular payments"

Part 7 Jurisdiction of courts in relation to child support and domestic maintenance
Orders for provision of child support in form of lump sum

108Application for order for provision of child support in form of lump sum

  1. Where a receiving carer wants a liable parent to provide, or a liable parent wants to provide, child support for a child otherwise than in the form of periodic amounts paid to the receiving carer, the receiving carer or the liable parent may apply to the Family Court for an order that the liable parent provide child support for the child otherwise than in the form of periodic amounts paid to the receiving carer.

  2. An application—

  3. may be made only if a formula assessment is in force in relation to the child, the receiving carer, and the liable parent; and
    1. may be made by the receiving carer or the liable parent.

      1. The Family Court may not hear the application until the following applications, proceedings, or appeals that are still pending have been heard and determined:

      2. an application to the Commissioner under subpart 3 of Part 5A:
        1. an application to the Commissioner under section 96B:
          1. proceedings started by the Commissioner under section 96V:
            1. an application to the court under section 104:
              1. an appeal under any of sections 103A to 103C.

                1. Subject to section 125, the parties to the application are the receiving carer and the liable parent.

                Compare
                • Child Support (Assessment) Act 1989 ss 122, 123 (Aust)
                Notes
                • Section 108(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 108(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                • Section 108(2)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                • Section 108(2)(b): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                • Section 108(3): substituted, on , by section 27 of the Child Support Amendment Act 2006 (2006 No 42).
                • Section 108(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 108(4): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                OSZAR »