Departure Orders and Non-Periodic Payment Orders are orders the Court can make during parenting proceedings to require one party to make payments in addition to a current child support assessment. Both types of orders are governed by Division 5, Part 7 of the Child Support Assessment Act 1989 and are often made when a child has special needs or a parent has limited capacity to provide financial support for their child.
Certain criteria must be met before a party can make an application for either order and even then, the Court may determine that it is not appropriate for such an order to be made.
Departure Orders
Departure orders can be made under section 116(1) of the Child Support Assessment Act 1989 in two circumstances:
(a) The Registrar refused to make a determination to administratively change an assessment under Part 6A and an objection to that refusal has been disallowed; or
(b) Either party has an application pending before the court, and the court is satisfied that it would be in their interest for the court to consider making such an order.
An application can be made under subsection (b) even if a Part 6A administrative review has not been conducted, parties are best to seek advice to determine whether all other administrative remedies have been exhausted first. This is because the Court may regard an application as an abuse of process if parties are applying through numerous avenues to increase their child support payments.
The Court may make a departure order if they are satisfied that one or more of the grounds for departure exist under section 117(2) and it would be just and equitable for the children, carer and liable parent, and it is otherwise proper for the court to make a departure order.
The grounds for making a departure order are the same as those for making an application for administrative review. Many of these grounds refer to “special circumstances” which has been defined as “special or out of the ordinary” in case law.
Non-Periodic Child Support Order
A non-periodic child support order can be made under section 123(1) for third party or lump sum payments. Third-party payments may include for school fees, health insurance, or medical expenses, whereas lump sum payments are credited against the existing child support assessment and may reduce the annual rate of child support payable.
Applications can only be made where there is an administrative assessment in place.
Like in the case for departure orders, in the case of non-periodic orders, the court must be satisfied that it would be just and equitable for the children and parties, and it is otherwise proper for the court to make an order.
Factors that are considered by the Court for a non-periodic payment include:
Any current assessment in place;
Any Part 6A departure determination;
Any departure order;
Any pensions, allowances or benefits; and
The same factors as the Court must consider when making a departure order.
Non-periodic orders are often appropriate where one party has difficulty complying with their payment obligations or where parties wish to sever their financial ties.
If you are wish to speak to someone about your current child support situation, our specialist family lawyers at Robinson + McGuinness can provide you with assistance. Contact Robinson + McGuinness today to arrange an appointment by email at info@rmfamilylaw.com.au or 02 6225 7040 or get started now online with one of our experienced family lawyers.