Family Law – What is Child Support?
What is Child Support
When families go through changes and parents separate as a result thereof,arrangements are made for the continued care, welfare and development of the children of the family. These arrangements normally are made for children until they reach an age of 18 years.This payment arrangement for the children is referred to as child support.
A parent with primary care and control of the child or the parent with whom the child lives with becomes the parent in receipt of child support. The amount of child support payable generally depends on the amount of time each parent spends looking after the well being of the children.
Payment of child support can be either agreed between the parents or can be determined by Child Support Agency (CSA). Parents can agree to the amount payable as well as the manner in which payment would be paid. Parents can agree on an amount payable as child support and yet pay the amount through CSA. Generally parents who are not in receipt of centrelink benefits are able to make their own child support arrangements either by way of an informal agreement or by way of a Child Support Agreement. Once a Child Support Agreement is registered it is of binding effect and it can only be varied by way of another Child Support Agreement or by a court order. Child Support Agreements should also be made for short periods of time to ensure the changing circumstances are taken into account. Therefore, it is always important to obtain legal advise before signing a Child Support Agreement.
When there is no agreement between parents, the amount payable is assessed by CSA in accordance with the Child Support (Assessment) Act 1989 and collection and payment is made through CSA. CSA makes a calculation for the amount payable using a formula under the Act. They would determine the amount that is payable by a party with lesser care of the children and would take into account matters such as the parents income, the number of children, the living expenses of the parent, other children in their care, etc.
Refusal to pay Child Support
Where a parent refuses to pay, CSA can enforce payment using a method appropriate for the parent’s situation. When it is clear the parent will not pay their outstanding child support, CSA will explain that they will now seek to enforce payment and they will determine the best enforcement option for each case, based on previous behaviour, risk and their intelligence data. CSA can also obtain information from the ATO, Centrelink and other government organisations to ensure that child support is paid.
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