A declaration can be made by the Courts that a person should not be assessed in respect to the costs of a child ongoing.
If a declaration is made by the courts that a person should no longer be assessed in respect of the costs of a child, then child support payments are no longer made. In order for this declaration to be made, the court must be satisfied that the person is not a parent of the child. This will often require a court ordered DNA test proving parentage or lack of.
The payments that have been made are not recoverable by the courts. A specific application must be made to recover the payments, but there are several factors the court considers before determining whether the amount should be repaid and recovered from the receiver of the payments. These include the nature of the relationship between the payer and the child, and whether the parties knew or suspected, or should have reasonably known or suspected, that the payer was not a parent of the child.
It is important to ensure that, when entering into child support agreements or prior to an assessment being made, you are adequately informed about your rights and obligations. Seek legal advice before entering into any child support agreement, to ensure you aware of the possibilities of outcomes as a result of the arrangement. Our lawyers have experience in drafting, advising and representing clients at court in relation to child support issues.