Child Support: The Complete Guide to Understanding Everything in Australia
Posted by Family Lawyers Mackay on December 10th, 2020
What is child support?
Parents have to contribute to the maintenance and education of their children. This is called the maintenance obligation in legal terms. Child support is an application of this obligation.
Child support refers to the financial contribution that the non-custodial parent must pay to the custodial parent – in the case of sole custody. We will see later what happens in the case of joint custody.
The money received by the parent receiving the pension should only be used for expenses intended for the maintenance and education of the children.
Who has to pay the Child support?
During separation or divorce, parents must plan what type of child support QLD or custody they want for their children: shared custody, sole custody, sole custody with access rights for the other parent.
Most often, the parent who does not have custody of the children will pay support to the other parent who has sole control. It is also possible for a parent to apply for child support when the children are in shared custody on an equal time basis. In this case, the parent with the highest salary will usually be the debtor parent.
However, when the parents exercise shared custody in an unequal proportion, for example, 40% -60%, the debtor parent will be determined according to the income of the parties, subject to other data to be considered.
How much is the child support amount?
The amount of the pension is set by the family court judge. This takes several elements into account to determine the amount:
The ministry publishes a scale as well as an online simulator which makes it possible to calculate the amount of child support payments based on the three criteria described above. But be careful, the judge remains free in setting the amount. The simulator, therefore, gives an estimate which must be taken as an indication, even if the amount charged by the judge is generally close to the assessment proposed by the simulator.
In most cases, the family court judge decides to index the amount of the pension to the evolution of consumer prices, that is to say to inflation. The amount of support is then automatically modified each year.
The parent who pays the support or the one who receives it can request a modification of the amount of the support in the event of a change in the situation: for example a loss of income on the part of the parent who pays or the parent who receives the support.
What to do in the event of non-payment of support?
Non-payment of support is a recurring problem faced by parents with child support QLD assessment custody of children. If you no longer receive the pension from your ex-spouse or if you receive it only partially, you have several means of action at your disposal:
What does child support cover?
The necessary amount of child support covers nine essential needs for all children: food, housing, communications, housekeeping, personal care, clothing, furniture, essential transportation for the child. child and necessary leisure activities for the child. It is also generally considered to cover the cost of enrollment in primary and secondary school, essential school supplies until the end of secondary school, as well as the cost of annual examinations and descaling at the dentist.
Child support QLD does not cover extraordinary expenses or costs. These two categories of expenses are shared in proportion to the parents’ disposable income indicated on their child support calculation form.
What do unusual expenses include?
These are the following costs:
What special costs are taken into account?
These costs must be necessary and reasonable, depending on the parents’ financial means and their situation. Here are a few examples of expenses admitted as special costs:
A parent who incurs certain expenses without the consent of the other parent runs the risk of having to assume it alone, if it is not reasonable, necessary for the needs of the child or if it is above the financial capacity of the other parent.
Who pays for what is sole custody?
The parent who has sole custody pays the expenses related to the 9 essential needs mentioned above as well as the registration fees for elementary and secondary school, primary school supplies until the end of secondary school, as well as the cost of annual examination and descaling at the dentist.
The non-custodial parent pays the expenses to welcome the child into his home during his access as well as the costs of outings and activities he does with him. He pays Child Support QLD in compensation for his share of the expenses assumed by the custodial parent for the basic needs of the child. The pension also compensates for its part unusual fees or particular costs, if these expenses or costs have been taken into account in the calculations of the child support Brisbane.
The non-custodial parent must pay the custodial parent separately, in addition to the pension, his share of the unusual expenses which were not included in the calculation of the assistance. This share is calculated in proportion to the disposable income of each parent, according to the data entered on the Child Support calculation form.
Who pays for what in shared custody?
Each parent pays the expenses related to the essential needs of the children, mentioned above. One of the parents delivers the other Child Support to take account of the disparity in income or the time spent in custody if this time is not equal.
Unusual expenses may or may not be included in the calculation of support. If they are omitted, parents will have to share them in proportion to their disposable income.
Watch out for spending on clothes. They are part of the essential needs covered by the primary contribution of parents. Child Support QLD, therefore, includes compensation for clothing. Because clothing expenses are not unusual expenses, they should not be prorated on the parents’ disposable income in the case of shared custody.
Two different methods are applied to the sharing of clothing expenses.
According to the first method, each parent acquires a set of clothes which they keep at home for each child. Traditional clothing that the children travel with, for example, winter coats and boots, are paid for half and half by parents.
In the second method, parents pay half and a half of all bills for clothes. The basic pension also covers the following expenses: registration fees for public school until the end of secondary school, the cost of necessary school supplies at the primary and secondary level, basic leisure activities, as well as that the annual examination and descaling costs at the dentist. Like clothes, these expenses are generally assumed half and half, regardless of the disparities between the parents’ income (given that the pension paid by one parent to the other partially compensates for these expenses).
Concept and method: how much child support will I pay?
Child support QLD payments are calculated using a complex formula (though it’s called the “basic formula”). While the calculations are involved, the principles are understandable.
In the final calculation, child support is calculated as the Costs of the Children multiplied by the difference between your Income % (share of combined income) and your Cost % (credit for time with the child.
You pay child support payment if the result is positive and receive support if it is negative. However, you never have to pay if you have at least 65% care.
Is Child support possible in the event of joint custody?
In principle, Child Support is payable by the parent who does not have custody of the children. It, therefore, concerns the case of traditional, so-called “exclusive” charge. But you should know that Child Support Brisbane and joint custody are not incompatible. The family court judge can oblige one of the parents to pay the other parent a pension even in the case of joint custody:
Suppose the income gaps between the two parents are significant. In this case, the family court judge can order the parent with the higher income to pay Child Support to the parent with the lower income.
Suppose both parents do not participate equally in the maintenance of the children. When one of the parents assumes the payment of school fees, costs associated with extracurricular activities, or medical expenses, for example, the amount of Child Support QLD can be imposed on the other parent.
How do I get child support?
Often it depends on the relationship you have with your ex-spouse. Parents who remain on good terms despite the break-up can agree on the consequences of the break-up and provide, among other things, custody arrangements and child support QLD. However, the relationship may have deteriorated to such an extent that the parents are unable to communicate and cannot contemplate an agreement.
If the parents get along
Following their separation, the parents can come to an amicable agreement on the payment of alimony. They can determine an amount they feel is fair or use the child support determination form established by regulation to calculate it.
Retroactive calculation of support
It may be preferable to use the form since if the situation deteriorates between the parties, one of them may ask the court to retroactively calculate the amount per the form and ask to be compensated for the amount that should have been collected or that was overpaid.
So even when the parents agree, it may be relevant to consult a lawyer to ensure that the amount determined or calculated is reasonable to avoid surprises later.
The child support agreement
Parents can then decide to put their agreement in writing and ask for it to be approved by a clerk. A lawyer can help you through this process, even when you get along with the other parent. In particular, he can help you draft an agreement that will preserve everyone’s rights and help you have this agreement approved by the court. Also, this last step will allow the agreement reached to be recognised by the court for the collection and annual indexation of support payments.
In the absence of agreement
If the parents disagree on the terms of child support, it remains open to anyone who wishes to obtain permission to file a legal claim before the Superior Court of Queensland so that the issue is decided. By the court. He can make the request alone or with the assistance of a lawyer. If the parent entitled to obtain Child Support QLD is late in making the request, he can request retroactivity up to three years before the filing of the claim.
Contact Family Lawyers Mackay
The issue of child support can be complicated, and the general framework presented above may not apply to your situation. For example, variants are depending on your status, your place of residence, etc. Contact Family Lawyers Mackay for advice and legal assistance appropriate to your situation.
Frequently Ask Question
My son has just turned 18. Can I stop paying his pension?
No. The coming of age of a child does not end the judgment ordering the payment of child support, nor the parent’s support obligation.
Who has to pay child support?
It is the parents who must contribute to the needs of their children.
How much support is my child entitled to?
Children under 18
How can we be sure that support will be paid?
When the parents obtain a judgment on child support (or the superior clerk approves their agreement), The Queensland Court takes charge of their child support QLD case.
My financial situation has deteriorated. Am I obligated to continue to pay child support?
In principle, yes, since that is what your judgment provides. The court cannot modify or cancel the collection of support payments unless you obtain a new decision.
The other parent refuses to help me financially. Can I prevent him from seeing the child until he pays?
No, using the child to force the other parent to pay child support is prohibited. You can file a lawsuit to have him pay child support.
The other parent wants me to sign him a paper confirming that I will not ask him anything for the children. Is it legal?
No, because Child Support is an amount paid to the parent for the benefit of the child. A paper like this wouldn’t stop you from claiming child support.
The other parent received a significant pay rise several months ago. Can I retroactively claim for my children the amounts they should have received?
Nothing prevents you from asking for an increase in child support that is retroactive to your salary increase. However, other criteria apply to these types of requests.
When does child support end?
When the child dies or On the date indicated in the Child Support judgment, if applicable or When a new review cancels the Child Support (court judgment or approval of an agreement by the particular clerk).
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About the AuthorFamily Lawyers Mackay
Joined: December 1st, 2018
Articles Posted: 11
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