Child support - how does it work?
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Child support - how does it work?
Parents know it costs a lot to look after children. This does not change when you and your ex-partner separate and it also applies if you both were never in a relationship.
You and the other parent need to work out how to pay for your children's food, housing, clothes, school costs and other activities and expenses after separation.
The money, or in-kind payments, paid by one parent to the other (or to someone else if the children do not live with a parent) is called child support. Sometimes these payments are made by one parent to the other, even if the children are living part of the time with the paying parent.
What are the changes happening to child support law?
There have been a number of changes over the years and a major change starts 1 July 2008. The July 2008 changes include:
- changing the way child support assessments are worked out - varying with the age of the child, level of care each parent provides to the child and taking into account the income of both parents in a similar way
- more options for parents to enter into agreements for ongoing child support or lump sum payments.
It is particularly important if you are thinking about entering a child support agreement to first receive advice about these amendments and the impact they will have on the paying parent's child support payments.
In Western Australia, for children of parents who were not married, these changes may be delayed and may not apply immediately. Get legal advice as to whether the changes apply to your children.
Can I have my child support assessment changed?
You can ask the Child Support Agency to review the amount of child support at any time.
Child support assessments can be varied in certain situations to reflect changed circumstances such as a change in income, the birth of a new child or changed care arrangements.
You should tell the Child Support Agency of changes as soon as possible, as changes in payments may often not be backdated. You must read letters from the Child Support Agency carefully (or ask them to be explained) to find out what your obligations are and what changes you should be telling them.
If you are paying child support and have lost your job, contact the Child Support Agency and find out what your options are. These will vary depending on your circumstances, but you may be able to pay less child support.
For some changes, you will need to apply to the Child Support Agency for a change of assessment. There is a special form for this available from the Child Support Agency.
A letter from the Child Support Agency may tell you of changes to be made to your case and that you have a right to object to the decision. In most cases, you have 28 days to send in your objection to the decision. The Agency will send a decision to your objection and advise further of your rights to appeal. The appeal is made to the Social Security Appeals Tribunal. Get legal advice.
What can I do if I'm having problems getting child support payments?
If you have problems getting payments from your ex-partner or can't agree over child support payments, get help immediately. Don't delay. If you have private collection arrangements, and you are not receiving direct payments as agreed with the other parent, ask the Child Support Agency to start collecting for you - there is a limit on how far back the Child Support Agency can go.
A Family Relationship Centre, Legal Aid Queensland or other family dispute resolution service may be able to help you and your ex-partner agree about child payments. If you cannot agree, Legal Aid Queensland or a community legal centre can help you with legal options. Many of these organisations have specialist child support services.
Can I get a child support assessment when I do not have proof that my ex-partner is the father of my child?
The Child Support Agency will only issue a child support assessment to you if you can prove the paying parent is a biological or adoptive parent of the child.
Acceptable proof includes the name of the parent on the child's birth certificate, the parents were married or lived together, completion of a statutory declaration by the paying parent acknowledging parentage of the child or a court order in which the paying parent is named as the father. Get further legal advice.
If you cannot provide acceptable proof, you can take steps to change this, but you may need the assistance of a solicitor from Legal Aid Queensland, a community legal centre or in private practice. In some cases funds may be available from Legal Aid Queensland to pay the fees of a private solicitor. To sort out this issue, you may need to take court action and to have DNA testing.
When do child support payments stop?
Child support:
- is usually payable until a child turns 18 years of age
- may be stopped before a child turns 18 years of age if the child becomes self sufficient, marries or becomes a member of a 'couple'.
If your child turns 18 during their last year of secondary school, you can ask the Child Support Agency to continue the child support assessment until the child completes the school year.
This application must be made before your child turns 18, and only applies if they are already in the last year of school. If for instance your child is turning 18 and still in their second last year at school, a private agreement must be reached or you or your child can make an application to the Federal Magistrates Court or state magistrates court for a maintenance order.
Can I get any financial help for a child over 18 years?
The courts can make an order for maintenance for children over 18 if:
- the child needs assistance to complete their education
- they have a mental or physical disability
If it is for education, it should be a continuation from secondary schooling and the child should be enrolled as a full time student. You must show that the paying parent can afford it. Either the receiving parent or child may make the application. You can make a private agreement, ask the court to make consent orders or you can apply to the court for an order if you cannot agree.
Acknowledgment - Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.