“How long do I have to pay child support” is a common question that parents ask. According to Australian Law, parents have the duty and obligation to financially support their children until they are 18. Some parents may continue to afford to pay child support for their children, but some may not. Here are some possible reasons why people may stop paying child support:
- The child turns 18 and is able to financially support themselves by then
- The child marries someone
- If someone adopts the child
- The child passes away
- The child is no longer in Australia or an Australian resident or citizen
In other cases, assessment for child support payable may also end. A child support assessment formula considers a parent’s circumstances to know how much child support they will pay. Services Australia is responsible for making these assessments. Assessment for child support will also end if:
- Services Australia is notified of a care change more than 26 weeks after it occurs
- A parent or non-parent carer stops having 35% care or more
- Both parents have less than 35% care of the child
- There’s no non-parent carer entitled to receive child support payments
Services Australia’s child support scheme ensures that children of a divorced marriage are financially supported. Child support payments are for the benefit of the child and not for the parents. Read on to know more about child support payments.
Filing for the End of Child Support Assessment
When talking about “how long do I have to pay child support”, parents also need to file for the end of a child support assessment. Services Australia will end the assessment when they receive an application to end the assessment.
Either one or the other parent may submit an application to stop the evaluation while the agreement is suspended. This only applies if a child support agreement initiated the examination in the first place.
Child Support Payments For Children Over 18
In some cases, parents need to provide financial support to their children after 18. Not all children are able to financially support themselves after they’re 18. These payments are called adult child maintenance payments and parents need to apply for adult child maintenance to Services Australia before their child turns 18. Here are some reasons for adult child maintenance payments:
- The adult child has a mental or physical disability that prevents him/her from financially supporting himself/herself; and
- The adult child needs to complete his/her secondary or tertiary studies.
When talking about adult child maintenance, some parents may now ask themselves “How long do I have to pay child support after 18?”. The same case applies as with when child support ends. Paying for adult child maintenance will also depend on each parent’s financial circumstances.
If both parents agree and consent to the maintenance of their adult child, the court may turn it into a court order under the Family Law Act 1975. We have a blog on our website that contains simplified versions of the Family Law Act. Click here to read more Family Law Act blogs.
How Long Do I Have To Pay Child Support: Private Child Support Agreements
Parents alone can decide on the amount and method of child support payments. A Limited Child Support Agreement or a Binding Child Support Agreement are two possible types of arrangements. The Federal Circuit and Family Court of Australia have the authority to enforce binding child support agreements.
Binding Child Support Agreement
Whether or not a parent already had a child support assessment, he/she can still reach a legally binding agreement. If both parents agree to the agreement, the assessment for the paying parent may be eliminated as part of the contract.
The family court mandates that each party to the agreement obtain independent legal counsel for binding child support agreements. Moreover, the family court also has the power to terminate and replace binding child support agreements and replace it with new ones.
Limited Child Support Agreement
This document outlines the understanding reached by the parties regarding the payment of child support. Agreements may call for the payment of both cash and non-cash items, such as tuition and health insurance. Both parents must formally and legibly sign the agreement. Before a parent signs a limited child support agreement, he/she must get a child support evaluation.
The agreed-upon amount of child support must be greater than the amount that has been assessed. Either partner can terminate these Limited Child Support Agreements under specified conditions. Each party doesn’t need independent legal counsel prior to entering into these agreements.
Calculating Child Support
When talking about “how long do I have to pay child support”, child support payments are calculated using a complex formula, despite the term “simple formula” being used. This is perhaps because, although the calculations are complex, the concepts are simple. Both parents are responsible for meeting the costs of their children and this will depend on the number and age of the children.
It’s also a requirement for higher-earning parents to contribute more so they can be properly credited for covering expenses. Child support is ultimately determined by multiplying the costs of the children by the difference between a parent’s income (share of the total income) and their cost shares (credit for time spent with the child(ren). More explained below.
Costs of Children
The Costs of the Children metric accounts for the financial costs of raising children. Parents can use the Costs of the Children Table from the Australian Government for necessary calculations. The formula accounts for the additional expense of having more kids.
In comparison to a single child, a second child roughly doubles the cost. The third child adds the same sum once more. There is a little adjustment made for the age of the kid when calculating child support payments. In the Costs of the Children table, children aged 13 and over cost around 20% more than children aged 12 and under.
Parent’s Income
In Australia, including the parents’ salaries is crucial when talking about “how long do I have to pay child support?”. Taxable income – the income reported to the Australian Tax Office when parents file their tax return – is used in the formula.
Instead of net income, it is the parent’s gross, before-tax income. After paying income and other taxes, the parent’s remaining income will be reduced. The taxable income listed in a parent’s most recent tax return is often used in the formula.
Cost Shares
It’s important to also talk about cost shares when talking about “how long do I have to pay child support?”. A parent is given credit for child-rearing costs when they are caring for the child(ren). The percentage cost is the percentage of the children’s costs for which they receive credit. Here are some important tips to remember in cost shares.
Any Other Questions Aside From How Long Do I Have To Pay Child Support?
JB Solicitors are here to answer any more questions related to paying child support in Australia. We only provide the best family lawyers who are experienced in family law to help parents settle disagreements about child support. Our law firm also provides mediation and arbitration services to resolve parenting or financial matters.
Contact a family lawyer today if you need help regarding child support payments.