Child Support Act 1991

Collection of financial support - Application of payments collected

137: Order in which payments to be applied by Commissioner

You could also call this:

“How the Commissioner uses your child support payments”

When you pay money for child support or domestic maintenance, the Commissioner will use it to pay off different things in a specific order. This order is important and will be followed even if you ask for the money to be used differently.

First, they will pay any lump sum that you owe because of a special order. Then, they will pay for any child support you owe for the current month, starting with the earliest days. After that, they will pay for any child support you owe from previous months, again starting with the oldest debts.

Next, they will pay for any domestic maintenance you owe for the current month, starting with the earliest days. Then, they will pay for any domestic maintenance you owe from previous months, starting with the oldest debts.

Finally, if there’s any money left, they will use it to pay for any penalties or interest that you owe.

This order helps make sure that the most important and recent payments are made first, and older debts are paid off in order.

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Part 8 Collection of financial support
Application of payments collected

137Order in which payments to be applied by Commissioner

  1. Where, in any month, an amount is paid to, or to be credited by, the Commissioner, or an amount is paid to and an amount is to be credited by the Commissioner, in relation to any person on account of financial support payable under this Act, the Commissioner shall, despite any direction given by or on behalf of the person, apply the amount of the payment or credit, or the sum of the amounts of the payment and credit, in payment successively as follows:

    1. any money payable by the person by way of a lump sum in accordance with an order made under section 109:
      1. any child support payable by the person in respect of any days in that month in the order in which those days occurred:
        1. any child support debts for any days in any preceding months in the order in which those days occurred:
          1. any domestic maintenance payable by the person in respect of any days in that month in the order in which those days occurred:
            1. any domestic maintenance debts for any days in any preceding months in the order in which those days occurred:
              1. any penalty or interest imposed under this Act.
                Notes
                • Section 137(a): repealed, on , by section 53 of the Child Support Amendment Act 2021 (2021 No 6).
                • Section 137(e): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                • Section 137(f): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
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