Summary
These Regulations govern the administration of child support maintenance payments and arrears under the Child Support Act 1991. They establish procedures for serving notices on non-resident parents with arrears, collection arrangements, set-off of liabilities between parties who owe each other child support, treatment of overpayments and voluntary payments, handling of arrears upon death, and the power to write off irrecoverable arrears. The Regulations apply across three scheme cases (1993, 2003, and 2012 schemes) reflecting successive reforms to the child support system.
Reason
This regulation represents excessive state intervention in private family financial obligations. The child support system uses government power to mandate and enforce payments between individuals, creating a costly bureaucracy. The Regulations layer procedural complexity across three successive scheme types (1993, 2003, 2012) — itself evidence of repeated failure requiring repeated reform. The set-off provisions, overpayment adjustments, voluntary payment handling, death estate provisions, and elaborate write-off procedures all demonstrate a system that has accumulated substantial administrative burden. The fundamental premise—that the state should collect, enforce, and administer child support payments through statutory instrument—imposes significant compliance costs and creates perverse incentives. A truly dynamic free-trading nation would rely on private contractual arrangements and judicial mechanisms for family support, not an administrative apparatus that forces non-resident parents into rigid payment frameworks, ties up private liabilities in state-mandated procedures, and treats family financial disputes as matters for bureaucratic management rather than private resolution.