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How do I apply for Child Support?
Parents are responsible for the financial support (maintenance) of their children. That responsibility is not changed by separation and divorce, where the children live or the amount of time they spend with a parent or the remarriage of one or both parents.
The Child Support Agency is responsible for administering child support through the child support formula. Their website is www.csa.gov.au.
The legislative changes to the formula effective from 1 July 2008 are based on:
* The cost of children;
* The income of both parents;
* The care of children whom the child support is payable;
* Whether the parents have any relevant dependant children living with them; and
* Whether the parents have any children in other child support cases.
If you agree about the child support arrangements, you can make your own arrangements for child support. You do not have to apply to the Child Support Agency or the Federal Magistrates Court when making arrangements for child support, but there are particular requirements if you receive income support from Centrelink. You can enter into a private child support agreement.
Parents may wish to make agreements for a variety of reasons:
* For finality in separation proceedings;
* To reflect other property settlements; or
* To address their particular circumstances
A range of agreements can be made:
* Prescribing the amount of child support to be paid;
* Altering elements of an assessment made by CSA;
* Methods of payment – periodic or lump sum.
In some limited circumstances an application can be made to the Federal Magistrates Court for a departure from a child support assessment made by the Child Support Agency.
Generally, variations that can be made to CSA assessments fall into two categories:
* Variations due to circumstances that affect the resources of the parents; and
* Variations due to circumstances that affect the cost of the child.
It is important to remember that the Family Law Courts view child support and parenting issues separately – when considering who the children spend time with and how much the Courts regard the best interests of the child as the most important consideration. This means the Courts won’t necessarily look at whether Child Support is paid up-to-date.
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