Separation and Child Support

Separation and Child Support

In the event of separation between parents, the primary carer of the child or children can make a claim for child support from the other parent. The principal object of the Child Support (Assessment) Act (Cth) 1989 ("the Act") is to ensure that the children receive a proper level of financial support from their parents.

The objects of the Act include ensuring:

1. that the level of financial support is determined according to the parent's capacity to provide financial support;
2. that the level of financial support to be provided should be determined in accordance with the costs of the children;
3. that persons who provide ongoing daily care for children should be able to have the level of financial support to be provided for the children without the need to resort to court proceedings;
4. that children share in changes in the standard of living of both their parents, whether or not they are living with both or either of them; and
5. that Australia is in a position to give effect to its obligations under international agreements or arrangements relating to maintenance obligations arising from family relationship, parentage or marriage.

1. Is my child eligible to obtain child support?

   Children eligible to obtain child support include:

   • Children born on or after the Act commenced, being 1 October 1989;
   • Children of parents who separate on or after the Act commenced; and
   • Children with a sibling who is an eligible child.

2. Who can apply for child support?

   • Parents of a child if:

     • the applicant applies for both parents to be assessed;
     • the applicant is not living with the other parent as his or her partner on a genuine domestic basis (whether or not legally married to the other parent);
     • the applicant complies with any applicable requirements of dealing with joint care situations and dealing with children cared for under child welfare laws; and
     • if either parent of the child is not a resident of Australia on the day on which the application is made--the application meets legislative requirements.

     From 1 July 2009, same sex couples can also apply for child support for eligible children from their relationship.

   • Eligible carers (i.e. a person who has at least shared care of the child) if one of the following also applies:

     • the applicant applies for both parents to be assessed;
     • if one parent of the child is not a resident of Australia or a resident of a reciprocating jurisdiction--the applicant applies for the other parent to be assessed;
     • if the Registrar is satisfied that there are special circumstances--the applicant applies for the other parent to be assessed;
     • if one parent of the child is dead--the applicant applies for the other parent to be assessed;
     • the applicant is not living with either parent as the partner of that parent on a genuine domestic basis (whether or not legally married to that parent);
     • the applicant complies with any applicable requirements of dealing with joint care situations and dealing with children cared for under child welfare laws; and
     • if a parent of the child who is to be assessed in respect of the costs of the child is not a resident of Australia on the day on which the application is made--the application meets legislative requirements.

   There are a number of requirements to consider in order to satisfy the Court that the applicant needs to receive child support payments. These are:

   • the person was married to the other party when the child was born, in which child support payment is being sought;
   • the person's name is indicated in the child's birth certificate;
   • there is another legal document that the person acknowledges the child as their own;
   • the individual is declared by the court as the parent of the child;
   • the person adopted the child;
   • the couple lived together for 44 weeks and ending 20 weeks before the birth of the child.

   Child support payments can only be sought if the parent is living in Australia, as well as the child. If a parent no longer resides in Australia, the other party may still be required to make child support payments provided the individual lives in a country that has an agreement with Australia enforcing an order to pay child support (Family Law Act s.29A).

3. What is CSA?

   CSA stands for Child Support Agency. The CSA was created to help administer child support arrangements and assess the amount of support a parent should provide their child or children.

   There are three different categories of child support payments such as:

   • Periodic payment: Regular amounts payable are paid on a regular basis. This can be paid directly to the primary carer, to the primary carer's bank account, or to a third party acting as the agent of the payee (e.g. solicitor or trustee).
   • Non-periodic payment: These are amounts payable to a third party, for example school fees.
   • Lump sum provision: are payments made to the primary carer as a "credit balance" to be used to meet ongoing liabilities.

Applying for child support can be an extremely difficult and complicated process. Call our Family Law Solicitors for advice and assistance in applying for child support. We can also assist you in drafting a child support agreement on your own terms.