Child Support
Child Support is money paid by one parent to the other parent to financially support their child/children.
The most basic form of Child Support is a Child Support Assessment. This is calculated by the Child Support Agency based on the on the number of nights and the incomes of the parents. A Child Support Assessment only takes into account the reasonable basic costs of a child. Matters such as private health insurance, private education, and other special needs are not normally taken into account by default. In some instances, these can be included in determining what is a fair assessment.
Parents can also enter into a Child Support Agreement to determine how much and how child support is paid. That agreement can then be registered with the Child Support Agency, or the Court.
There are two forms of child support agreement:
Limited Child Support Agreement
This is an agreement that can last a maximum of 3 years before it must be renewed. The amount payable must not be less than a Child Support Assessment but it can be directed to a specific cause. For instance, rather than pay assessed Child Support of $5,000 per annum to the other parent, it can be agreed that one parent simply pays 100% of the private education costs.
Binding Child Support Agreement
This is an agreement that allows you and the other parent to freely decide what Child Support is payable and when. For instance, one parent can make a once-off payment to settle any Child Support payable until the child turns 18. Or, it can be specified that one parent pays all private education tuition fees, while the other parent pays all uniform and stationary costs. Parents are not restricted to the amount payable under a Child Support Assessment. Each parent will, however, need to obtain their own independent legal advice before signing. Once signed, these binding agreements can only be varied or revoked in very limited situations.
Who is liable for child support?
A biological parent is liable for child support but an adoptive parent can also be liable. If there is a dispute that the other party is the parent of your child then DNA testing may be required. Where a party refuses to submit to DNA testing, you may need to obtain a Court order requiring that be undertaken. Be careful. There is a very particular set of guidelines and protocols on what type of DNA testing is acceptable to the Court to prove paternity.
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