Services
Child Support
Child support is calculated by a formula which relies on the income of both parents. To check what the assessed child support is likely to be you may like to Google "CSA" to find the Child Support Agency website. Then click on Estimator and answer the questions about income, ages of children and number of nights the children spend with each parent to get your child support estimate.
There can be a delay of some months before child support is received. Do not delay in making the required application to the Child Support Agency to calculate and, if necessary, collect child support. The application is free.
If for some reason the Child Support Assessment is not appropriate, it is possible to apply for a Departure Order or variation of that assessment. This is undertaken without lawyers and initially is done through the Child Support Agency. If the assessment review is unsuccessful a further review application may be made to the Social Security Appeals Tribunal.
Private school fees are not covered by the normal assessment procedure. It is common for parties to come to a private arrangement regarding child support, including school fees, and to have that agreement documented.
Beware that if the recipient of child support receives a pension, and they receive less than what would otherwise be assessed by the Agency, their Centrelink benefit may be reduced. In other words, their Centrelink benefits will be calculated on the assumption that they receive the full amount of child support which a normal assessment says they should receive.
Child support is assessed yearly and is normally paid monthly. It is still paid during times when the children are on holidays with the paying parent.
If you do not see the children at all, child support must still be paid. Similarly, failure to pay child support does not justify denying the other party time with the children.
Payments cease once the child turns 18, unless they are still in Secondary School, in which case it ceases at the end of that year.
It is possible to obtain maintenance for adult children if they are undertaking tertiary studies, or they are disabled. This is not done through the Child Support Agency and, if not agreed to by both parties, a court application will be required.
Situation:
John and Mary separated after a 15 year marriage and each went to lawyers to negotiate a financial settlement. John was a teacher an...
Situation:
Peter rang Moores Legal very upset, urgently wanting an appointment. Anne, his wife of eight years had disappeared two nights before with their six year old son ...