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What do I need to know about child support in Australia?
What do I need to know about child support in Australia
?The Australian Child Support Scheme (CSS) provides the main regulation of child support, such as who is liable to pay and receive child support, how to assess child support, as well as the enforcement of child support.
Children eligible for child support are those: - Under 18 years of age; - Who are present in Australia on the day the application was made; or an Australian citizen, or ordinarily resident in Australia, on that day; - Not living in a married or de facto relationship; and - Born, or who have a sibling born, or whose parents separated, on or after 1 October 1989.
Who is liable to pay child support?
An eligible carer' or a liable parent' is able to make an application for child support assessment, provided they are resident in Australia on the day the application is made.
An eligible carer does not have to be a parent of the child and also does not have to care for the child full-time. They must, however, be seeking payment of child support from a person who is a parent of the child, and not be living with that person as the partner of that person on a genuine domestic basis.
There is a connection between the social security system and CSS which places an obligation on certain eligible carers to seek child support.
Centrelink requires eligible carers to take reasonable action' to obtain child support if they receive or apply for more than the base rate of Family Tax Benefit Part A.
Only parents, ordinarily the biological or adoptive parents, are liable to pay child support if they are resident in Australia on the day the application is made.
The Child Support Registrar will assess whether the person is a parent' and the liability to pay is dependent upon the Registrar's acceptance of the application.
How is child support calculated?
Child support can be determined either by a formula assessment, an agreement between the parties or a court order. It is recommended that advice is sought from a qualified legal practitioner if parties want to agree on their child support payments themselves.
The basic formula takes account of a variety of family circumstances. The formula is based on the costs of raising children and is quite flexible.
Both parents' incomes are taken into account and equally considered, and the percentage of care that each parent provides for the child is also taken into account.
This formula applies in cases where there is one child support assessment and no other dependent children. If there are other dependent children, an amount is deducted from the payer's adjustable taxable income and then the basic formula is applied.
For parents who pay or receive child support for two or more families, the basic formula is still used. However, it is calculated after first deducting a self-support amount and then a multi-case allowance. If you receive child support but are not the parent, the payment is calculated similar to above.
Your percentage of care will be considered, but not your income. It will be calculated using the parents' income, cost percentages and child support percentages. Child support exists to ensure children of separated parents receive adequate financial support.
Parents are required to provide child support to the extent that they are able to provide it. It is important to seek advice regarding any questions you may have about child support to ensure that your children receive the financial support they deserve.
By Lauren Nolan on behalf of Love Law Lauren Nolan is an Australian law student interested in increasing public access to important legal information. Kids Bedroom Sets: Shopping Tips To Keep In Mind How technology has changed the way children are taught Safety Tips for Teenage Christian Singles Washington DC Help Kids Develop Their Writing Skills in a Writing Center Easy Easter Bunny Clipart Crafts for Kids Cool and Innovative Products for Your Kids Anxiety disorder children Giving Your Child a Head Start with Reading Books Kids' Online Safety on Facebook and Tips on How to Protect Them Overview on Adopting a Waiting Child Kids Hiking Boots - Shopping Hints and Suggestions How to prevent Childhood obesity in your kids? Different Innovative Ideas Of Kids Parties For Great Fun