Child support payments are financial support payments (maintenance payments) that help the primary carer of a child to raise the child or children after a divorce or separation. To understand child support and what does it cover, read this article that describes the meaning and purpose of these financial payments.
Those wondering what is child support and what does it cover must be finding themselves in the midst of a family law matter. “Child support payments” is a relevant topic under divorce and separation within family law.
When a couple separates or gets a divorce, one party generally has to pay the other party (the primary carer of the child). These payments help with many day-to-day activities in the child’s life. This is exactly what we will explore when we discuss child support and what does it cover.
Purposes of Child Support and What Does It Cover?
Undoubtedly, a divorce or separation leads to instability in the lives of people involved. This is true not just for spouses, but also for their children.
When a child’s parents’ separate or divorce, the family situation and structure gets completely upended. There are substantial changes in their daily lives. Moreover, the financial circumstances of the family are also impacted.
Importantly, each parent has a responsibility to bear costs related to the upbringing of their child. When a couple is married, they pool their financial resources to support the child. However, the breakdown of the relationship leads to great uncertainty in these matters.
This is why child support payments become extremely important. Through these payments, parents can ensure that their child continues to receive financial support. The primary years of a child’s life includes many important things such as education, decent living, schooling, and healthcare.
Child support payments mainly cover these costs. This is the basic answer to the question of child support and what does it cover.
How to Calculate the Amount for Child Support?
When reading about child support and what does it cover, you should also understand how you can determine the amount of child support payable.
There is a formula to check amount of child support that a party must pay. The Department of Human Services (Services Australia) makes a child support assessment. The Child Support Agency within Services Australia is responsible for making such assessments.
The Agency makes the following considerations in order to calculate the amount of child support a party must pay:
- The number of children in the family;
- Age of each child or children;
- Income of both the parents i.e. the parent making the payment and the custodial parent (primary carer of the child);
- Percentage of care that each parent provides for the child or children
- If there are adopted children or stepchildren involved, then parents need to establish legal status by way of court orders.
How Do Parents Make These Payments?
Both parties can reach agreements on how to make such payments. Or, the court will make orders regarding child support payments. But, without involving courts, two parties can reach agreements by themselves.
There are two types of agreements, these are:
- Limited Child Support Agreement: These include agreements for short-term child support payments. Parties who have had an amicable separation or divorce can enter into limited child support agreements.
- Binding Child Support Agreement: This is a more strict form of agreement. Moreover, both parties have to obtain independent legal advice before entering into a binding child support agreement.
Whichever approach the parties take to make arrangements, the parent will make payments either as a lump sum payment, periodic payments or payments in other kind.
Can I Apply for Child Support Orders?
Family courts can make child support orders (or maintenance orders for children over 18) either by consent of both parties, or by their own judgement. As with all court orders, these orders are legally binding.
While mostly a child support assessment finalises matters related to child support, courts may be required to intervene and make orders if parents are not eligible for such a child support assessment.
According to Section 66F of the Family Law Act (1975), the following persons can apply for a child support order:
- Either of the child’s parents, or both parents;
- Grandparent of the child or children;
- The child themselves;
- Any relevant person concerned about the care, wellbeing and welfare of the child
Depending on the individual circumstances of the case, the court can either order one or both parents of the child/ren to make child maintenance or support payments.
Notably, for children who are over 18 that require financial support, parents can pay adult child maintenance. Read more about this here.
Child Support and What Does It Cover: Summary
To summarise child support what does it cover, given below is a list of costs that child support typically covers:
- School fees
- Medical bills
- Food costs
- Housing costs
- Clothes
Child Support and What Does It Not Cover?
Child support payments will not cover certain costs. This can include private schooling or private tuition fees for instance. Moreover, child support does not typically cover fees for extracurricular activities.
However, parents can make reasonable arrangements, and they can agree to pay for extracurricular actives as well. Therefore, depending on the situation, child support may cover these additional costs as well.
Additionally, the child may have special needs. Generally these payments are not covered by child support, but once again, depending on the circumstance and arrangements made, these costs can be covered by child support payments.
How Can Family Lawyers Help You?
Family lawyers are professionals who have the experience in handling various complicated matters of the law. When dealing with a divorce/separation and various legal procedures, it’s important to seek advice from a family lawyer.
Our law firm JB Solicitors offers various services under family law, property law, criminal law and commercial law among others. We have a team of award-winning family lawyers. Therefore, for matters related to child support payments, please do not hesitate to reach out to our team of experts.
Moreover, we offer fixed-fee pricing for our services. This gives you a clear sense of costs involved. To know more about child support and what does it cover, reach out to our team today.
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