In limited circumstances, if it arises that a person (the ‘paying parent’) has been paying child support and it becomes evident that there was no basis for this payment because they were not the parent of that child, then they may be able to apply to the Court for a repayment order.

What does the Court consider when I apply for a refund of child support?

In order to apply for a repayment order, the paying parent must satisfy the Court that they are not the parent of the child.  This may be established by way of a DNA paternity test that meets the Court’s requirements.

The Court will then also consider:-

  1. whether the paying or the receiving parent had previous knowledge or concerns about the paternity of the child;
  2. whether there has been any delay in making the claim for repayment after paternity has been established;
  3. the relationship between the paying parent and the child;
  4. evidence in relation to the child’s biological parents; and
  5. the financial circumstances of both the paying parent and the receiving parent.

If the Court is satisfied that payments were made and the receiving parent was not entitled to that child support then the Court may make an order for the amount to be repaid to the paying parent.

Get Advice

If you are considering making an Application to the Court in relation to child support in these circumstances it is important that you obtain legal advice to discuss your options and your potential for success.

We encourage you to contact our office to make an appointment with one of our solicitors on 07 4963 2000 or via our online contact form to obtain advice specific to your situation.

Brittany McIntyre, Law Clerk, Wallace & Wallace Lawyers

Brittany McIntyre
Law Clerk
Family Law

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