In general, the child support scheme is an administrative scheme designed to operate without the need for court applications. However, there are some circumstances in which a party may make an application to a court in relation to child support matters. The most common situations are listed below:

Child Support Legislation and Family Law Act 1975 (Cth)

Paternity matters: either parent can apply to a court to resolve disputes involving paternity of children and entitlement to child support. The court may order DNA parentage testing in these cases. If a payer is excluded from paternity, a court may order the payee to repay child support paid by the payer.

Application for leave to change an assessment that is more than 18 months old: a court can give leave (permission) to change an assessment that is more than 18 months old, but not more than 7 years old.

Court review of ART decisions: Where a parent is dissatisfied with a decision by the Administrative Review Tribunal, an appeal can be made to a court but only on a question of law.

Child support agreements: Applications can be made to set aside child support agreements.

Lump sum applications: In limited circumstances, a court may order the payment of child support in a lump sum.

Stay orders: An order to stay (or suspend) collection of child support can be sought from the court in limited circumstances. Alternative administrative remedies apply in some circumstances.

Maintenance orders: Court orders and agreements can be made under the Family Law Act 1975 (Cth) for various types of maintenance payments, including maintenance for:

Enforcement proceedings: A court can make orders to enforce the payment of a child support or maintenance debt.

Legal advice should be sought before applying to a court. Applicants should seek advice about the relative merit of their case, and the risk of a costs order if their application is unsuccessful.