child support

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
In family law and public policy, child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian, or state) following the end of a marriage or other relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, a guardian, or the state.
Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically one has the same duty to pay child support irrespective of sex, so a mother is required to pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher income (obligor) may be required to pay the other custodial parent (obligee). In other jurisdictions, and even with legally shared residence, unless they can prove exactly equal contributions, one parent will be deemed the non-resident parent for child support and will have to pay the other parent a proportion of their income; the "resident" parent's income or needs are not assessed.In family law, child support is often arranged as part of a divorce, marital separation, annulment, determination of parentage or dissolution of a civil union and may supplement alimony (spousal support) arrangements.The right to child support and the responsibilities of parents to provide such support have been internationally recognized. The 1992 United Nations Convention on the Rights of the Child is a binding convention signed by every member nation of the United Nations and formally ratified by all but the United States. It declares that the upbringing and development of children and a standard of living adequate for the children's development is a common responsibility of both parents and a fundamental human right for children, and asserts that the primary responsibility to provide such for the children rests with their parents. Other United Nations documents and decisions related to child support enforcement include the 1956 New York Convention on the Recovery Abroad of Maintenance created under the auspices of the United Nations, which has been ratified by the 64 of the UN member states.In addition, the right to child support, as well as specific implementation and enforcement measures, has been recognized by various other international entities, including the Council of Europe, the European Union and the Hague Conference.Within individual countries, examples of legislation pertaining to, and establishing guidelines for, the implementation and collection of child maintenance include the 1975 Family Law Act (Australia), the Child Support Act (United Kingdom) and the Maintenance and Affiliation Act (Fiji). Child support in the United States, 45 C.F.R. 302.56 requires each state to establish and publish a Guideline that is presumptively (but rebuttably) correct, and Review the Guideline, at a minimum, every four (4) years. Child support laws and obligations are known to be recognized in a vast majority of world nations, including the majority of countries in Europe, North America and Australia, as well as many in Africa, Asia and South America.

View More On Wikipedia.org
  1. J

    Child Support - Delegation of a parents care

    Can one parent delegate their care responsibility without a written agreement from both parents? I cannot find any legislation that states delegation of care is acceptable, but I have had conflicting information from CSA as to whether care can be delegated or not. Any help or link to relevant...
  2. V

    NSW Child support 2007-2015

    When I separated from my ex we were living in UK & my children & I moved back to Australia.My ex remained in the UK & was working for an investment bank as a risk analyst & had started receiving a substantial income. For the first year due to the divorce settlement his income was about $800000...
  3. C

    Child Support breach

    If someone is to tell another person how much they receive in child support is this a breach of privacy? No income was exchanged in conversation purely just how much/little they received to a friend. Is this wrong or a breach of privacy and illegal?
  4. B

    NSW Child support

    Hello. I have 2 children to my ex who has not worked since our separation 8yrs ago. Although he can volunteer as a fire fighter??? He has been on Centrelink benefits for that whole time. Most of his money is made through buying and selling antiques and collectables online. As such his...
  5. C

    QLD child support payment changes

    I pay my ex child support, no issue with as long as its all above board. Have for years now. We have 50% care arrangements. The child is 4 yrs old. She has recently quit her job on purpose it seems a couple of months ago. My child support payments have tripled since, even though she was earning...
  6. B

    NSW Ex has lied to child support about her income

    My ex has been lying about her income since last years assessment, telling child support her income is 12K and she is casual, when for 80% of the year she has been part time employee earning 45K and in the last 3 months went full time now earning 55K. I’d be lying if I said it didn’t annoy me...
  7. cinnamon

    VIC Child Support Binding Agreement

    I would like to know what is the best possible way to go about a Child Support Binding Agreement. I am thinking that on the agreement the CSA basic/ periodic calculations can apply and then the added non-periodic payments which includes private medical aid, private school fees (50/50)...
  8. M

    VIC GP recommendation used to justify child support?

    Interested to hear whether it's ok for a GP to make a recommendation of living arrangements (eg "I feel it is in the best interests of the children to remain in the care of...") and for it to be used as part of a CSA case to increase CS above agreed assessment? It feels off for a GP to be...
  9. manda

    WA child support

    how do i take child support to court i have no active cases the last case ended in 2016, i pay 100.00 mth out my unemployment cheque and they say i owe 11,000 plus i have only ever earn t 49,929.00 the rest of the years i never earn over 14,000 -17,000 i was unemployed from 2012 till...
  10. M

    WA Affect of lump sum on child support

    Hi. Approx 3 years ago I seperated from my wife, all assets were sorted through a Binding Financial Agreement. We had some speccy shares, she didnt want anything to do with them, so she received a larger sum of cash through the refinance of my mortgage. Now ive had a bit of luck. The shares have...