Child Support

Family Law

By law both parents are required to support their child financially. In most cases, this may involve one parent paying a child support payment to the other parent. This is to help with the costs of raising a child, such as food, clothes, education, sports, recreation and medical. Children are expensive to raise and it is only fair that you continue to contribute to their costs.

Not being with your partner is not an excuse to not pay child support.

The Child support laws in Australia allow for children with separated parents to be covered by the Child Support scheme. This is administered by the Child Support Agency (CSA). However, parents can make their own arrangements. These can be informal or you can have a Child Support Agreement.

An informal agreement is where you come to an arrangement between the two of you and you do not involve the CSA. This can be the best agreement to have as it allows you both to have full flexibility and the CSA do not get to know your financial details. However, it does not work for everyone. If your partner keeps missing payments or underpays you the agreed amount, you need to consider having the child support collected by the CSA.

A person who volunteers to pay child support is a lot easier to deal with than one who does not. When dealing with the other parent, it is always best to focus on what the child needs, not what you need. Also remind the other parent that they have previously being paying for the child and that nothing has really changed in that regard.

A formal agreement, such as a Child Support Agreement, is where you write up your agreement and register it with the CSA.

Child Support Agreements

Binding child support agreements allow parents to make binding financial agreements about child support. Each parent must receive independent legal advice before entering into a Binding Child Support Agreement. Both parents must receive their legal advice from different Lawyers.

A binding child support agreement must have the following:

be in writing, and signed by both parents
have attached a statement that each party has received independent legal advice on the advantages and disadvantages of the agreement, before it was signed, and
include an annexure from each parent. This must be signed by the lawyer who provided the legal advice.

Limited child support agreements

Limited child support agreements do not require the parties to have received legal advice before entering into the agreement.

There must be a child support administrative assessment in place (paying child support through the CSA) at the time the limited agreement is received by the Registrar.

The agreement must be for at least the annual rate of child support that would otherwise be payable under the administrative assessment (child support collected by the CSA).

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Having your child support collected by the CSA

Often, people will resort to contacting the CSA immediately upon separation. This can be viewed by the other parent as an inflammatory move and change the mood of any mediation attempts. It can also encourage the parent to respond to your ‘aggressive’ move, as seen by them. This can take many forms, including violence. If you suspect this will be the reaction, it is advisable to let the CSA know and the police.

The parent receiving a formal letter from the CSA will have many different reactions: shock, as it formalises the separation, resentful, angry, and determined to get back at you legally.

One reaction that is rarely discussed, is that the motivation for promotion, doing over time, working unsociable hours, and doing a job that they do not really like will lessen. There is no real financial motivation for them to do so. This is because child support is taken out of their gross pay (before Tax) and then tax is deducted as well. This can see a child support payer losing a very high percentage of their income.

This could lessen the amount of child support that you would have received if you had not gone through the CSA.

Some child support payers can be very adapt at trying to beat the system, especially if they run a business or are self-employed.

If you suspect or know that the other parent will not willingly pay, then your best course of action is for the CSA to collect your child support payments.

Child Support

Child Support Agreements

Having your child support collected by the CSA

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