“If you can afford a holiday, then you can afford to support your children”. This is the latest message from Michael Keenan, MP for Human Services.
The Australian Government is not taking it easy on parents who are not paying child support and have issued travel bans or Departure Prohibition Orders (DPOs) in an attempt to recover child support debt owed. In the last 6 months 1,067 DPOs have been issued across Australia in advocating that if you are able to go overseas for a break then you have the capacity to support your children and this should be made a priority.
What is a DPO?
A DPO stands for a Departure Prohibition Order and is the formal term for an international travel ban placed on an individual to secure payment for a child support debt. It means this person is stopped from leaving Australia. It comes into force as soon as it is made and will remain until a Registrar revokes the DPO or the Court sets it aside. The debt it seeks to recover must be for child support arrears and a DPO can only be issued if the child support assessment is registered with the Child Support Agency for collection.
What happens if I am issued with a DPO?
A DPO will often be made when a person has not made arrangements to wholly discharge the liability that are satisfactory to the Registrar.
The Registrar must notify a child support debtor when a DPO is made. The Registrar can give this to several authorities such as Australian Customs Service, the Australian Federal Police, or the Department of Foreign Affairs and Trade if those agencies are likely to be able to assist. If the debtor is not an Australian citizen, a copy of the DPO must be given to the Department if Immigration and Multicultural Affairs.
What if my circumstances have changed and I can no longer pay child support?
A Registrar will take into account all relevant information if someone is unable to meet their child support obligations because they have no capacity to pay. The factors that will be considered are:
- Whether they have persistently failed to pay their child support and why.
- The number of overdue payments.
- The number of times the Child Support Agency has taken recovery action and the outcome of same.
- The person’s capacity to pay debts when they arose.
- The debtors’ financial position by reviewing their debtor statements and other financial disclosure.
The implications enforced on parents who have child support obligations are serious. If a DPO is not placed on a parent who owes child support arrears and they travel overseas, they will be required to pay back the funds upon any entry back to Australia. If you have been issued with a DPO or have concerns about child support arrears, give Marsdens Law Group a call to speak to an Accredited Specialist.
If you require more information on the above article contact Nevine Youssef on (02) 4626 5077 or nyoussef@marsdens.net.au
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
