Are there fathers rights on child support matters in Australia? Yes. Child support is an ongoing financial aid for children that usually stops at 18. However, there are times when children still need financial aid even after they turn 18. This is called child maintenance. Parents pay child maintenance if their children have physical or mental disabilities.
Another reason for paying child maintenance is when their adult child needs to finish college, vocational courses, or relevant training. Parents have the duty to pay child support and child maintenance even after divorce or separation. Regardless of the type of financial aid given to children, some parents end up in a dispute about:
- The other parent not paying enough child support payments
- The other parent losing his/her job and refusing to look for one immediately
- Their children’s needs and wants
- Significant changes to their child’s circumstances
- A parent having another second source of income and not telling the other
- The other parent refusing to pay child maintenance
- The other parent relying too much on debts and family support
All of these instances may escalate to legal matters if parents continue to have disagreements. That’s why some people may ask themselves if there are fathers rights in child support matters. Both parents do have the right to bring their child support matters to court. However, this will require proper legal advice from family lawyers.
What Should Be Included in Child Support Payments?
Parents may fight over child support matters because they may not know what to include in child support payments. When discussing fathers rights on child support matters, it’s important to talk about the wants and needs of a child. The basic needs of a child are:
- Clothing;
- Education;
- Housing;
- Food;
- Transport; and
- Healthcare.
While a child’s wants are things that a person would like but can survive without. These may include:
- Expensive shoes or designer clothes
- Toys
- Expensive gadgets
- Frequent vacations and dates
While some of these are necessary for a child’s growth and development, basic needs still outweigh wants in terms of a child’s survival. That is why basic needs are always a primary consideration when paying for child support.
Fathers Rights Child Support: Child Support Assessment
Parents have two options for managing child support payments namely self-managed assessments and child support assessments. Self-managed child support involves two parents who are in agreement about child support payments. Basically, it’s an informal agreement, but it can work well as long as parents continue to agree with:
- How much each parent will pay
- When will each parent pay
- How will each parent pay
On the other hand, child support assessment is a process that Services Australia handles for disputed couples. The Child Support Agency (CSA) is a part of Services Australia that dictates the assessment for parents. When discussing fathers rights on child support assessments, it is important to note that the CSA:
- Determines each parent’s income and combines it
- Calculates each parent’s income percentage, percentage of care, and parent’s cost percentage
- Calculates each parent’s child support percentage. This involves subtracting the cost percentage from the income percentage for each parent.
Fathers Rights Child Support: Contesting and Changing an Assessment
Can fathers contest Services Australia’s child support assessment? Yes. Fathers have the right to contest a child support assessment if they believe that the assessment is unfair. However, they must do so within 28 days of an assessment. Once the application is lodged, a CSA officer will review the:
- Significant costs of spending time or communicating with the child
- Significant costs of the child’s special needs
- Essential costs in relation to the care, education, and training of a child in the way that parents intended
- Alleged unfair assessment due to the child or parent’s income, earning capacity, and/or financial resources
- Alleged unfair assessment due to a paying parent transferring property and goods to the receiving parent, to the child, or to a third party. Third parties can also receive child support payments or non-payments like property transfers on behalf of a receiving parent.
- Parent’s necessary expenses that could have reduced their capacity to pay child support
- Duty of the paying parent to maintain another child, person, or dependent and their necessary expenses and needs.
When discussing fathers rights on child support assessments, fathers may also apply to alter a child support assessment if:
- The assessment did not reflect the ability of the father to pay child support
- It is expensive for the father to plan parent-child visits. For example, the father does not have enough funds if the child is in another state or country.
- The child will undergo immediate medical care like surgery or an operation
- The father previously agreed with the mother that the child will attend a private school or attend extracurricular activities
Private Agreements on Child Support
Binding Child Support Agreement
A binding child support agreement sets out strict legal terms and conditions but will offer flexibility for parents. But, how does this agreement offer flexibility? This agreement basically allows child payments either through lump sum or property transfers.
Parents use property transfers if they cannot give monetary assistance. For instance, a parent “gifts” his/her real estate to the child for child support purposes. Fathers should seek legal advice from a family lawyer since this agreement has legal terms and conditions.
Limited Child Support Agreement
A limited child support agreement is another type of private agreement when discussing fathers rights and child support. In contrast to a binding child support agreement, this agreement won’t necessarily require legal advice. Why? Limited child support agreements are suited for shorter time frames and amicable separation. While this is a good option for non-disputed parents, it’s still highly advisable to seek legal advice.
Father’s Rights on Child Custody Laws
When discussing fathers’ rights on child support matters, it’s also important to talk about their rights on child custody laws. After divorce or separation, couples must make parenting arrangements for their children. These parenting arrangements will ensure that the best interests of the child are met in accordance with the Family Law Act of 1975.
What Does the Family Law Act Say?
Section 60CC of the Family Law Act states that children should:
- Have the right to have a meaningful relationship with their parents, grandparents, relatives, and other significant people in their lives.
- Be protected from physical or psychological harm (domestic or family violence)
Following these two primary considerations can help contribute to the child’s safety. The family court uses the best interests of the child when making child custody decisions. However, the family court will always prioritise allocating parental responsibility whenever possible.
Parental Responsibility
Parental responsibility is a type of responsibility that enables a person to make long-term decisions for their children. This responsibility is the closest thing that parents can get aside from child custody. However, if possible, courts will urge disputed couples to equally share parental responsibility.
Why Is It Important for Fathers To Seek Legal Advice?
Fathers should not immediately contest or change child support assessments without legal advice. Doing this may only cause more problems for fathers, especially if there are already agreements in place. JB Solicitors is experienced in family law matters like child support matters.
We understand that fathers only want just and equitable payments during child support assessments. Our team of family lawyers can:
- Aid fathers in drafting legally binding agreements that cater to their circumstances
- Help fathers gather documents and affidavits necessary to contest or change child support assessments
- Discuss with fathers if child maintenance is necessary
- Help disputed couples agree on child custody matters
- Explain how equal shared parental responsibility can help on their children’s lives
- Provide mediation and arbitration in case fathers want to come to an agreement with the mother and other parties involved.
Contact us today for more information about fathers rights and child support.
