2. Child Support

Q. Who is liable to pay Child Support?

A. Both the mother and the father are each liable, according to their respective financial resources, to support their children until each child reaches the age of 18 years, marries, is adopted, or becomes self-supporting.

Q. How is the amount of Child Support determined?

A. Unless special circumstances exist, all payments for Child Support are governed by the Child Support (Assessment) Act (1989).  The amount of Child Support is dependent upon the following factors:

1. The paying parent’s most recently filed tax returns.
2. The paying parent’s current income.
3. The income level of the parent with whom the child(ren) reside.
4. Any health or other special needs that the child(ren) require.
5. Any other dependents that the paying parent must support (i.e. child(ren) from previous marriage and/or child(ren) from subsequent marriage).

An Order may be made for Child Support for a child of the marriage who has reached 18 years, only if the Court is satisfied that financial support is necessary to enable such a child to complete his or her education, including any vocational training or apprenticeship, or because he or she is mentally or physically handicapped.

A party will only be liable for school fees for a private school if he or she consented to the child(ren) being enrolled at that or a similar school, and can afford the payments.  Alternatively, if it can be shown that the child(ren) need(s) to attend a private school the Court may order a party to meet those expenses.

Q. When do Child Support payments cease?

A. Child Support payments continue during contact periods unless the Court orders otherwise.  Child Support is assessed yearly and payable periodically, unless a written agreement has been reached between the parties.

The liability to maintain a child/children depends on the child(ren)’s needs and the parents’ ability to pay.  If a spouse remarries, the obligation to pay maintenance on a child/children does not cease.

Q. How is Child Support collected and paid?

A. The Child Support legislation provides a system for collection of Child Support payments through the Child Support Agency.  The Australian Taxation Office oversees the collection of Child Support from the paying parent and then forwards it to Centrelink, which then forwards the payment to the parent with whom the child(ren) reside.  There is a delay in payment to the other parent, unless payments are made directly to that parent. The collection system can be opted out of, with the consent of both parents, in order for direct payments to be made.  If at any time payment is made directly, you should ensure that proper records are kept - for example, pay by cheque or by direct transfer from your account, or get a receipt.