Child support is the term that refers to the amount of money one parent may need to pay the other parent after separation to ensure that their children are adequately looked after financially in both homes.
Child support system in Australia is overseen by Services Australia. The amount that is required to be paid by one parent to the other depends on a number of factors, but primarily the level of care (number of nights) that each parent is providing to the children and the income of each parent. There is a range of formulas that apply in various situations which calculate the amount payable and provide an Administrative Assessment.
Parents can agree to vary an Administrative Assessment and this variation can be formalised by either a Limited Child Support Agreement or a Binding Child Support Agreement. This may be of particular importance where there are private school fees involved, as the Administrative Assessment will not take these fees into account.
A parent can also apply for a departure from the Administrative Assessment in certain circumstances, where the Administrative Assessment is not deemed appropriate. Those grounds include:
- Significant costs associated with spending time with the child:
This includes high costs of travel, accommodation, or other expenses related to a parent’s time with the child.
- Special needs of the child:
If the child has specific medical, educational, or other needs that require significant financial support, this may warrant a departure.
- High child care costs:
Significant costs for childcare, particularly for children under 12, can be a ground for departure.
- Significant reduction in a parent’s capacity to pay:
If a parent’s income, earning capacity, property, or financial resources have significantly changed, this could justify a departure.
- Injustice or inequity:
If the administrative assessment is considered unjust or inequitable due to the particular circumstances of the case, a departure may be sought.
- Responsibilities to support other children or dependents:
A parent’s responsibility to support other children or dependents can be a factor in determining a departure.
- High costs associated with education:
If the child attends private school or has other high educational expenses, this could be a ground for departure.
- Payments or advances made on behalf of the child:
If a parent has made significant payments or advances for the child’s benefit, this may be considered.
To successfully pursue a departure, the following must be established:
- Special circumstances:
The situation must involve special circumstances that warrant a departure from the standard assessment.
- Just and equitable:
The court or the Child Support Registrar must be satisfied that a departure is just and equitable and otherwise proper.
How Can Andersons Help?
Our team of family lawyers can discuss the option of entering into either a Limited Child Support Agreement or a Binding Child Support Agreement with you and explain how they work.
We offer a 90 minute initial meeting to develop a “Family Road Map” tailored to your personal situation.
All your concerns and questions will be addressed in this appointment and your lawyer will explain the process and outline a plan for next steps. All for a set fee.
For more information or to book your 90 minute “Family Road Map” appointment, please call 8238 6666 or email enquiry@andersons.com.au
