Each decision made by the Child Support Agency is made on the merits of each individual case having regard to any relevant Ruling. Child Support Rulings do not have the force of law. Each decision made by the Child Support Agency is made on the merits of each individual case having regard to any relevant Ruling. A payee of an enforceable maintenance liability may elect to have the liability no longer enforced. If the payee is in receipt of an income tested pension, allowance or benefit at the time the election is made, the Registrar must refuse to vary the particulars entered in the Child Support Register if the payer has an unsatisfactory payment record.
Regulations prescribes what is an unsatisfactory payment record.
This Ruling outlines how the Registrar will determine whether a payer has an unsatisfactory payment record. Ruling Discretion of authorised officers 5. This Ruling does not restrict officers, but is provided to assist them in determining whether a payer has an unsatisfactory payment record and to ensure child support clients receive consistent treatment. Officers must consider the facts of each particular case and record the reasons for their decisions. The Agency has designed the Ruling to give effect to the intention of the legislature in enacting the child support legislation and to the objects of the scheme as stated in that legislation.