Myth 1: “I don’t see
the kids, so I don’t have to pay child support.” Or “If you don’t pay child support, you won’t be able to see the kids.”
The Family Law Act 1975 recognizes that it is in the best interests of a
child to have a meaningful relationship with both parents, and to be assured
that he/she is supported financially, whether they are biological or adoptive
parents, same sex or otherwise. Preventing your child from spending time with
the other parent simply because he/she refuses to pay child support would be
viewed by the Court as pushing your child/not acting in your child’s best
interest.
Myth 2: “Child support
must always be assessed by the Child Support Agency of the Department of Human
Service.”
If the parents are hostile and cannot reach an agreement as child
support, Child Support Agency can assess how much child support should be paid.
The assessment is formula based and takes into account several factors,
including:
- Taxable
income of each of the parents;
- Costs
of raising the child or children;
- Percentage
of time the child or children spend with each parent (usually only nights
are taken into consideration);
- The
age of the child or children;
- The
cost of living of each of the parents;
- Whether
there are any other dependant children.
Whilst either parent may request the Child Support Agency to make an
assessment of the amount of child support one parent must pay to the other,
parents can come to their own agreement about how much child support should be
paid. Parents may negotiate a private agreement about child support. They may
agree on a sum less than or greater than the amount assessed by the Child
Support Agency. The parents may agree on the method of paying significant
expenditures such as private school fees, uniforms, sporting fees, etc. They
may also agree on a lump sum arrangement. In these circumstances, it is usually
advisable for parties to enter into a Child Support Agreement.
There are two different types of Child Support Agreements: Binding Child
Support Agreement and Limited Child Support Agreement.
Myth 3: “My ex-partner
and I can sign a piece of paper stipulating the amount of child support to be
paid without getting lawyers involved.”
If parents decide to enter into a Limited Child Support Agreement the
parties are not required to get legal advice before entering into a limited
agreement however a child support assessment must already be in place and the
annual rate payable under the agreement must be equal to or more than the
annual rate of child support payable under the child support assessment.
Binding Child Support Agreements on the other hand can be made for any
amount that the parents agree to. However, Child Support Agency will not accept
a Binding Child Support Agreement without each parent first obtaining
independent legal advice. They require legal practitioners to complete a
Certificate to verify that parents received legal advice before entering into a
binding agreement for Child Support.
You should contact one of our experienced Family Lawyers on 03 9615 7111
or email us out of hours on melbourne@nevettford.com.au
for further advice with respect
to the issues of child support or about which one of these Agreements is more
suitable to your needs.
