child support

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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.

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  1. 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...
  2. L

    NSW Child Support / Birth Certificate

    Hi there. Hoping for some guidance please. I am currently pregnant and the father will not be involved with the child in the future (the father is aware of the pregnancy and has chosen not to be involved). I am considering applying for child support, however I am hesitant to put the father's...
  3. A

    Mother refuses access to child to increase child support

    Hey guys, I'm looking for some supporting case law or acts that can help out this particular case in favour of the father. Details are: The father had 50:50 shared custody until 11year old daughter had a moody week and wanted to stay with the mum for a while. Father cooperated to give the...
  4. Jenny453

    WA FWC General Protections - Deeds, Tax, Centrelink, Child Support Implications

    Deed of Settlement. Where is it possible to find out how a deed of settlement and compensation paid under general protections FW Act interacts with tax and centrelink. And whether a payment can effect my child support.
  5. A

    QLD Child support fraud

    My ex is earning over $200k per annum - he’s being paid as a contractor through an employment agency into a business he made up. He quit his job earning $185k a year to do this and defraud me of any financial help for his son. How can he get away with this? A change of assessment is so intrusive...
  6. Z

    VIC Child Support & Car Loan

    Hold on this is a complicated one. Looking for some advice A couple of years ago I decided to rekindle my relationship with my ex (1 child who is almost 18 now). During this short time (3 months) I was convinced to take a loan for a car and register to her. Since the separation it was agreed...
  7. C

    QLD child support & capital gains

    hi - I'm looking to sell some shares soon that will have some capital gains - enough I guess to affect my child support. i know my loses has no effect, but do gains get added to my income assessment for child support? or is purely based on my job income? it will be a once off so even if it does...
  8. K

    Child support - when kids refuse to visit Father?

    Good afternoon everyone, I was hoping to get some advice on a situation my partner is in. He has 50/50 time with his two kids aged 16 and 13. Recently, his kids haven't wanted to attend his house on 'his' weeks. Different excuses are offered each time, however what it comes down to is that...
  9. E

    VIC Child support and private school fees

    Hello, My partner has had a lot of issues with his ex in terms of withholding of the children, slanderous allegations and false IVOs and police reports since their break up. All fully investigated and found with nothing to answer to. His eldest child started high school at a private school this...
  10. L

    QLD Family Trust

    I hope this is allowed, I desperately need help, please. I met my husband in 2009, I had 2 children, he had 1, we then had 4 together. He’s a builder, we built our home in 2013, married in 2015, he remortgaged in 2017 and loaned the money, $220,000, to his company on the condition it was...