# Can my ex-partner go to jail for not paying the child support they owe me?

- Jurisdiction: Australia
- Practice area: Tenancy Law
- Published: 2026-11-03
- Last updated: 2026-11-03
- Canonical: https://lawasked.com/au/tenancy-law/can-my-ex-partner-go-jail-not-paying

## Question

I am writing this from Melbourne, Victoria, because I am feeling completely stuck and frustrated with my current situation. My ex-partner and I separated about eighteen months ago, and since then, they have been consistently failing to meet their financial obligations towards our seven-year-old daughter. We have a formal child support assessment through the agency, but for the last six months, they have missed every single scheduled payment. They currently owe me a total of $4,200 in arrears. I have tried everything I can think of, including sending multiple polite emails and text messages asking why the money hasn't arrived, but they just ignore me or make excuses about their employment status. I have already contacted the child support agency to report the non-payment, but nothing seems to be happening to force them to pay. I am starting to wonder if I can take this to court to get them punished more severely. Specifically, I want to know if a judge in Australia has the power to actually send them to prison for refusing to pay these arrears, or if there is a limit on whether someone can be jailed for failing to follow these specific financial orders?

## Summary

No, your ex-partner cannot be sent to jail for failing to pay child support if the money is based on an administrative assessment from the child support agency. Under the law, courts are specifically prohibited from imprisoning people for breaching these types of assessments.

## Analysis

Based on the details you provided, your situation involves a formal child support assessment through the agency. Because your arrears of $4,200 stem from an administrative assessment made under the Child Support (Assessment) Act 1989, the law provides specific protections for the person who owes the money.

Section 70NCE states that "The court must not make an order imposing a sentence of imprisonment... in respect of: (a) a contravention of an administrative assessment of child support made under the Child Support (Assessment) Act 1989" [1]. This means that because your assessment was handled by the agency rather than being a specific order made by a judge in a family court case, a judge does not have the power to send your ex-partner to prison for the non-payment [1].

While the law allows for various punishments for breaking court orders—such as fines or bonds—it draws a very strict line when it comes to administrative child support assessments. Even if your ex-partner is intentionally ignoring you or making excuses about their job, the court is legally barred from using imprisonment as a tool to force payment of these specific types of debts [1].

It is important to distinguish between a 'court order' and an 'administrative assessment.' If your ex-partner had breached a specific maintenance order made by a judge, the rules would be different. In those cases, a court could potentially impose imprisonment, but only if they are satisfied that the breach was "intentional or fraudulent" [1]. However, since you mentioned you have a formal assessment through the agency, these stricter protections for the debtor apply to your case.

## Statutory citations

- Family Law Act 1975, Section 70NCE - Rules relating to child maintenance orders and child support [in force] (https://www.legislation.gov.au/C2004A00275/latest/text)
  > The court must not make an order imposing a sentence of imprisonment... in respect of: (a) a contravention of an administrative assessment of child support made under the Child Support (Assessment) Act 1989
- Family Law Act 1975, Section 112AD - Sanctions for failure to comply with orders [in force] (https://www.legislation.gov.au/C2004A00275/latest/text)
  > The court must not impose a sentence of imprisonment on the person under paragraph (2)(d) in respect of a contravention of a maintenance order unless the court is satisfied that the contravention was intentional or fraudulent.

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