In Australia, both parents have a legal obligation to financially support their children, regardless of their relationship status. This responsibility remains even after separation or divorce, provided the child is under 18 years old and not self-supporting. Understanding the child support process and the options available is essential for ensuring that the children’s needs are met.
When Is Child Support Payable?
Child support is generally payable in the following circumstances:
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Separation or Divorce: If parents have separated or divorced.
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Child Under 18 and Not Self-Supporting: Child support is owed when the child is under 18 and not financially independent.
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Primary Carer or Shared Care: Child support is typically paid to the parent who is the primary carer, or when parents share the responsibility for child care.
How Is Child Support Managed?
Child support can be managed in two primary ways:
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Private Arrangements: Parents may choose to handle child support payments informally. This approach allows flexibility but can lead to misunderstandings if not clearly documented.
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Child Support Agreements: A more formalized arrangement is the Child Support Agreement, which is governed by the Child Support (Assessment) Act 1989. This agreement requires independent legal advice for both parties and may be registered with the Child Support Agency, a division of the Federal Department of Services Australia.
How Does the Child Support Assessment Work?
If parents do not reach an agreement or require official assistance, Services Australia (Child Support) can provide an administrative assessment to determine the amount of child support. The calculation is based on the following formula:
Child Support Amount = Child Support Percentage x Cost of the Child
The cost of raising a child is summarised in Schedule 1 of the Act and considers factors such as:
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The costs of raising children
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Both parents' incomes, minus an amount for self-support
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Time spent by each parent in caring for the child
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Children from first and subsequent families
The amount of child support is reassessed annually and can be modified if circumstances change, such as shifts in income, caregiving arrangements, or other relevant factors.
What Happens If Child Support Is Not Paid?
Non-payment of child support can lead to enforcement action through Services Australia. If a parent fails to meet their child support obligations, Services Australia has the power to take enforcement measures, including garnishing wages or accessing other financial resources to recover the debt.
Reviewing Child Support Amounts
Child support amounts can be reviewed if there is a significant change in the circumstances of either parent or the child. This includes changes in income, living arrangements, or the child’s needs. Parents can request a review through Services Australia to ensure that the amount remains fair and accurate.
Why You Need Legal Advice
Navigating child support laws and agreements can be complex. Whether you’re seeking to formalize an agreement or need assistance in understanding the calculation process, it is essential to get appropriate legal advice. A lawyer can help ensure that the agreement is fair, legally sound, and in the best interest of the child.
At JCL Legal, we provide expert guidance to help you understand your child support rights and responsibilities. Whether you need advice on making or receiving payments, setting up a Child Support Agreement, or managing changes in circumstances, our experienced team is here to assist.
Get in Touch with JCL Legal
If you or someone you know needs assistance with child support matters, please don’t hesitate to contact us. We can help clarify your options, guide you through the process, and provide legal advice tailored to your situation.
Contact Jeffrey Choy at JCL Legal
Phone: 0419 233 670
Email: [email protected]
Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice.