Friday, September 28, 2012

Child Support Obligations


Hello everyone

I have had a number of clients lately who have been struggling to pay all the costs associated with their children, but who are not receiving any child support.

There is a lot of incorrect "information" about the obligations of both parents to pay child support.  Some people seem to think it is "unfair" to claim money from their former spouse, even though they are covering most of the children's costs. 

Often people mistakenly link the concept of who should "pay" for the children with who is "guilty" or who decided to leave and end the relationship.

There is also a false believe among many that if the children have the same amount of time with both parents then no child support is payable by either parent.

And finally another common misconception is that the person who was the primary income earner during the relationship should pay for everything, despite how often the children are in their care, or the income of the other party.

None of these scenarios are correct.

Child support is assessed by the Child Support Agency, based on the income of both parties, the number of nights the children spend in each parent's care and the age of the children.

Everyone should obtain a child support assessment so they know the obligation of each spouse even if they agree to pay more or less than what the assessment states.

Parents are able to agree with respect to the amount they receive, or if school fees for example are paid instead of cash. 

But whatever the situation that each family finds itself in, both parents must contribute to the costs of children after they separate.  The payments are for the benefit of the children not the  former spouse and a failure to pay child support can never be in the best interests of the children.

As always please feel free to comment on this or any other of my blogs.  I would also be happy to respond to any questions you may have on this topic.

If you have any further queries please feel free to contact me directly at Septimus Jones & Lee on (03) 9613 6555