Child Support Demand Letter - Template, Sample Form Pro · AU-law

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Email: ________
Telephone: ________

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PRIVATE AND CONFIDENTIAL
SENT BY: ________

Dear ________,

RE: OVERDUE CHILD SUPPORT — LETTER OF DEMAND
Child(ren): ________
Child Support Reference / CSA Case Number: ________

§1. Purpose of this letter. This letter is sent to formally remind you of, and demand payment of, outstanding child support owing in respect of the above child(ren). It is intended as a final opportunity to resolve this matter before further steps are taken.

§2. Source of the obligation. Your obligation to pay child support arises under ________ dated ________ (the “Child Support Arrangement”). The Child Support Arrangement is:

1. a child support assessment issued by Services Australia (Child Support) under the Child Support (Assessment) Act 1989 (Cth); and/or
2. a registered or binding child support agreement, or a court order, registered for collection or enforcement under the Child Support (Registration and Collection) Act 1988 (Cth),

as identified above. Liabilities registered with the Child Support Registrar become a debt due to the Commonwealth and may be enforced accordingly.

§3. Periodic amount payable. Under the Child Support Arrangement you are obliged to pay child support of $________ (________) payable with the following frequency: ________.

§4. Arrears outstanding. According to my/our records, as at the date of this letter the following amount remains overdue and unpaid: $________ (________), being arrears accrued for the period from ________ to ________ (the “Arrears”).

§5. Demand for payment. I/We require you to pay the full amount of the Arrears immediately, and in any event by ________. Payment should be made by the following method:

1. where the liability is registered for collection, directly to Services Australia (Child Support) in accordance with the payment details provided to you by that agency; or
2. where payment is to be made privately, to ________, quoting reference ________.

§6. Proposal to discuss arrangements. If you are presently unable to pay the Arrears in full, I/we invite you to contact me/us in writing or by telephone before the date specified in §5 so that a reasonable arrangement for payment may be discussed. Any agreed arrangement should be confirmed in writing. Nothing in this invitation operates to waive, defer or reduce your existing child support obligations.

§7. Consequences of non-payment. Please be aware that a failure to meet your child support obligations may have serious consequences. Where a child support liability is registered with the Child Support Registrar, the Registrar may take administrative enforcement action under the Child Support (Registration and Collection) Act 1988 (Cth), which may include, without limitation:

1. deductions from your salary or wages;
2. deductions from amounts otherwise payable to you by third parties (including financial institutions and the Australian Taxation Office);
3. interception of your tax refund;
4. issue of a departure prohibition order restricting your ability to leave Australia;
5. the imposition of a late payment penalty payable to the Commonwealth; and
6. recovery of the debt in a court of competent jurisdiction.

§8. Recovery proceedings. If the Arrears are not paid, and no acceptable payment arrangement is reached, by the date specified in §5, I/we may, without further notice to you, commence or request recovery and enforcement proceedings to recover the Arrears together with any penalties, interest and costs recoverable at law. This letter may be tendered in any such proceedings, including on the question of costs.

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§11. Independent advice. If you are uncertain about your obligations or the contents of this letter, you should obtain your own independent legal advice as a matter of urgency.

I/We look forward to your prompt attention to this matter.

Yours sincerely,

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