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Mum Ordered To Pay Back $4,142.73 In Child Support

Lying to Child Support | Justice Family Lawyers

Hallis & Fielder [2017] FCCA 2851

A Mother has been ordered to pay back $4,142.73 in child support as it was discovered that she had knowingly lied about the child’s parentage to the child’s ‘father.’

Mr Hallis sought repayment of the $4,142.73 in child support payments and the legal costs he incurred in previous and current legal proceedings against Ms. Fielder.

The issue in Hallis & Fielder [2017] FCCA 2851 was whether the Federal Circuit Court would make an order under Section 143 of the Child Support (Assessment) Act to make orders directing one party to repay child support payments to another.

Under Section 143 of the Child Support (Assessment) Act 1989, the Court has the power to re-pay child support to the payer where it is established the payer is not liable to pay the amount to the payee.

Mr Hallis is not legally liable to pay child support to Ms Fielder as he is not the child’s parent.

Thus, the Court made orders declaring that the mother was not entitled to Child Support from Mr. Hallis and that she must repay the amount of $4142.73 to him and his legal costs at the fixed sum of $5000.


Understanding Lying to Child Support

What Is Considered as Lying to Child Support?

Lying to child support primarily involves providing false information or withholding vital details to the Child Support Agency.

This could relate to income, living circumstances, employment status, or other pertinent details. For instance, a mother lying to get child support may misrepresent her income or exaggerate expenses to receive higher child support payments.


How Does the Child Support Agency Verify Information?

The Child Support Agency employs rigorous verification methods to ascertain the accuracy of the provided information.

The Child Support Agency (CSA) maintains the integrity of the child support system through rigorous verification methods to validate the information provided by individuals. Here’s a simplified summary of how this process works:

  • Cross-Referencing: CSA compares submitted data with official documents such as tax returns and employment records to identify discrepancies and determine actual financial status and income.
  • Collaboration with Other Agencies: CSA collaborates with other government departments to authenticate the provided information and comprehensively assess an individual’s financial scenario.
  • Support Allocation Accuracy: The agency accurately calculates support amounts, ensuring the correct allocation based on true information, thus maintaining fairness and safeguarding children’s well-being.
  • Investigations and Rectification: Detailed investigations are carried out if discrepancies arise, leading to corrections and adjustments in child support amounts to guarantee the appropriate support level for children.
  • Legal Repercussions for False Information: Providing false information can result in severe consequences, including fines and changes to custody arrangements, emphasizing the importance of honesty and accuracy.


Legal Consequences of Providing False Information

What Are the Legal Consequences of Providing False Information?

Providing false information to the Child Support Agency is a serious offence and entails severe legal consequences.

Penalties can range from fines and legal sanctions to imprisonment in more severe cases. Individuals found guilty may also be mandated to pay back child support. 

Is There a Penalty for Underreporting Income?

Absolutely. Underreporting income to minimise child support payments violates the law and attracts penalties.

The penalties are usually proportionate to the level of understatement and can include fines, repayment of the understated amounts, and legal sanctions, reinforcing the need for honest declarations.

Impact on Custody and Child Support Arrangements

Can Providing False Information Impact Custody Arrangements?

Yes, dishonesty in child support matters can adversely affect existing parenting arrangements and future custody decisions.

Family courts consider honesty crucial when determining the child’s best interests, and providing false information can harm one’s case.


Can False Information Affect Child Support Calculations?

Certainly. False declarations can distort child support calculations, potentially leading to unfair allocations.

The agency relies on accurate information to calculate the right amount of child support, and any deviation can adversely affect the receiving parent or child.


Can Retroactive Payments be Ordered if False Information is Discovered?

When false information is found in child support details, it results in serious consequences, including the enforcement of retroactive payments.

These are adjustments made to what should have been paid, covering any underpayment due to false information.

The legal system is very strict about any falsehood in these matters, conducting detailed reviews of all provided information to find discrepancies between declared and actual circumstances.

If inaccuracies are found, the courts adjust the child support amounts to match the actual circumstances, and the responsible party must pay any additional amounts due.

These retroactive payments are essential to correct financial discrepancies and ensure the child’s well-being and quality of life. Misrepresentation can negatively impact the child’s life, so it’s crucial to correct such situations promptly.

Also read: What Does Child Support Cover in Australia

Legal Recourse and Representation

How Do Family Courts Treat Dishonesty in Child Support Matters?

Family courts approach dishonesty in child support matters with utmost seriousness.

Misleading or false statements can lead to legal repercussions and may affect the court’s custody and visitation rights decisions. Maintaining transparency and honesty is paramount in upholding the child’s best interests.

Is Legal Representation Advisable if Accused of Providing False Information?

Securing legal counsel as knowledgeable as our property settlement lawyers is highly recommended when confronted with accusations of dishonesty in child support matters.

Expert legal advice, just like what our child support lawyers strive for, can guide individuals through the legal maze and help present a robust defence, potentially mitigating adverse outcomes.

Are There Any Defences Available for Providing Incorrect Information?

Yes, legal defenses are available, especially when the incorrect information provided was unintentional or due to an honest mistake.

However, it is crucial to promptly rectify such mistakes and consult a legal advisor to navigate the intricacies involved.

What Happens If You Lie To Child Support Hearings and Agreements?

Seeking clarity and professional advice is crucial. At Justice Family Lawyers, we specialise in guiding you through the complexities of child support laws, ensuring your rights are protected, and your obligations are clear. Contact us today to discuss your situation confidentially, and let us assist you in maintaining integrity and compliance in all child support matters.

2 thoughts on “Mum Ordered To Pay Back $4,142.73 In Child Support”

  1. Why has no woman been found guilty and sentenced for violating the child support legislation which requires any applicant for CS to ensure they disclose “any material particular” beforehand? You cannot believe a woman sleeping with more than one man doesn’t consider paternity – that’s a medical nonsense. Women doing this are committing fraud against the government and the taxpayer. This fraud carries a jail sentence. When 25% of all men bothering to DNA test and find they’re NOT the father and CSA gets a Section 107 and 143 Order, why does the Department of Human Services not automatically investigate the mother for FRAUD??

  2. This is progress in family court! An order of repayment may deter this from happening in the future. How sad for this child.

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