the child support system in australia has been around for almost 20 years from now.
It guarantees the right of the children to receive financial support, which is a primary liability of parents in case they separate and independently live far from each other. Child support is also parallel to the principle that it is in the best interest of the child to receive support to have a decent standard living, acquire quality education, maintain good health, and be protected from harm.
When parents separate, the law requires the liable party to pay support to the child. After a child support assessment, parents can come into an agreement of the reasonable amount of child support to be paid by way of a written agreement. Parents can have the choice whether to pay child support privately or through a Child Support Agency.
If parents agree for a private collection of child support, they must agree on how often transfers should be made and how they should be made. For instance, the father can agree to make a weekly payment through bank transfer payable to the mother who is granted residence of the child. If parents agree to enter an agreement with a Child Support Agency, the latter will take care of the collection of money, which will be given to the receiving parent. A child support agreement that is registered in the agency is binding.
In assessing how much child support the parent would receive, the agency follows a fixed formula approved under Australian Law. When assessing the child support payment, the Child Support Agency will consider the income of both parents, the percentage of care each parent provides, and the children from the previous and subsequent families.
The process for child support can be very decisive. If the fixed formula has arrived into an unsatisfactory result, parents can only seek variation in three instances as listed below.
- The income or financial resources of the liable parent are not reflected in the assessment
- The child is suffering from disability or illness that may be considered as a special needs
- If access costs entails five percent of the child support income
The aggrieved parent can file a motion for review to the Agency, wherein both parents are given the chance to present each of their arguments. If one party is not satisfied with the outcome, he or she can still file for an appeal to the Social Security Appeal Tribunal. As oppose to the court, the tribunal hearing is less formal and less expensive.
The child support system can be highly technical and difficult. To further understand the complexities and know how the child support system works, do not hesitate to contact a family lawyer.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.