1 FAMILY LAW TOPIC 6: CHILD MAINTENANCE. 2 Preliminary Matters There are two schemes for child maintenance in Australia: discretionary scheme: FLA discretionary.

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FAMILY LAWFAMILY LAW

TOPIC 6:TOPIC 6:

CHILD MAINTENANCECHILD MAINTENANCE

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Preliminary MattersPreliminary MattersThere are two schemes for child There are two schemes for child maintenance in Australia:maintenance in Australia:

discretionary scheme: FLAdiscretionary scheme: FLA formula scheme: CSAAformula scheme: CSAA

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Preliminary MattersPreliminary MattersThis topic will involve a This topic will involve a consideration of:consideration of:1.1. Child Maintenance under the Child Maintenance under the

Family Law ActFamily Law Act 1975 19752.2. Child Support (Child Support (Registration Registration

and Collectionand Collection) Act) Act 1988 19883.3. Child Support (Child Support (Assessment)Assessment)

ActAct 1989 1989

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(1)(1) Child Maintenance under the Child Maintenance under the Family Law Act 1975Family Law Act 1975

Part VII Division 7Part VII Division 7 s 66As 66A s 66B: objects and principless 66B: objects and principles s 66C: parents have primary dutys 66C: parents have primary duty s 66D: step-parent liabilitys 66D: step-parent liability s 66E: child support prohibitions 66E: child support prohibition s 66F: who can applys 66F: who can apply s 66G: Court’s specific powers 66G: Court’s specific power

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(1)(1) Child Maintenance under the Child Maintenance under the Family Law Act 1975Family Law Act 1975

Part VII Division 7Part VII Division 7 ss 66H-K: criteria/considerationsss 66H-K: criteria/considerations s 66L: child over 18s 66L: child over 18 s 66M: step-parent liability criterias 66M: step-parent liability criteria s 66P: Court’s general powerss 66P: Court’s general powers s 66Q: urgent orderss 66Q: urgent orders s 66R: specification requirements 66R: specification requirement s 66S: modificationss 66S: modifications ss 66T-W: cessationss 66T-W: cessation

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(a)(a) Parental Duty to Maintain Parental Duty to Maintain ChildrenChildren

Parental liability: s66CParental liability: s66C three rules: s66C(2)(a)(b)(c)three rules: s66C(2)(a)(b)(c) step-parent liability: s66Dstep-parent liability: s66D step-parent criteria: s66Mstep-parent criteria: s66M

(b)(b) Relationship with the Child Relationship with the Child Support (Assessment) Act Support (Assessment) Act 19891989

Prohibition: s66EProhibition: s66E Except overseas ordersExcept overseas orders

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(c)(c) Who May Apply for an Who May Apply for an Order?Order?

Parents, child, concerned person: s66F(1)Parents, child, concerned person: s66F(1) note ‘care’ children: s66F(2)note ‘care’ children: s66F(2) Australian jurisdiction: s69EAustralian jurisdiction: s69E

(d)(d) Court’s Power to Make an Court’s Power to Make an OrderOrder

may … as it thinks proper: s66Gmay … as it thinks proper: s66G

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(e)(e) Relevant ConsiderationsRelevant Considerations approach: s66Happroach: s66H needneed factors: s66J factors: s66J

Specific factors Specific factors Lovering Basket of Goods Lovering Basket of Goods

Approach (1983)Approach (1983) Lee ExpenditLee Expenditure ure Survey Approach Survey Approach

(1989)(1989) meansmeans factors: s66K factors: s66K

resources less commitmentsresources less commitments special circumstancesspecial circumstances disregard social securitydisregard social security

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(f)(f) Children Aged Over 18 Children Aged Over 18 YearsYears

ProhibitionProhibition??: s66L: s66L

exceptionsexceptions complete educationcomplete education mental/physical disabilitymental/physical disability

also note s 66VAalso note s 66VA

(g)(g) General PowersGeneral Powers menu of powers: s66Pmenu of powers: s66P like s80like s80

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(h)(h)Urgent OrdersUrgent Orders immediate need: s66Qimmediate need: s66Q

(i) (i) Specification in OrdersSpecification in Orders

identify child maintenance component: s66Ridentify child maintenance component: s66R

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(j) (j) Modification of OrdersModification of Orders Order can be discharged, suspended, revived or varied: s66S(2) Order can be discharged, suspended, revived or varied: s66S(2) modification groundsmodification grounds

change in circumstances: s66S(3)(a)change in circumstances: s66S(3)(a) CPI: s66S(3)(b)CPI: s66S(3)(b) consent order not proper: s66S(3)(c)consent order not proper: s66S(3)(c) material fact(s) withheld: s66S(3)(d)material fact(s) withheld: s66S(3)(d)

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(k)(k) Cessation of OrderCessation of Order tturning 18: s66Turning 18: s66T death: s66Udeath: s66U adoption etc: s66adoption etc: s66VV note s 66VAnote s 66VA

(l)(l) Parenting PlansParenting Plans no longer registrable with Family Court no longer registrable with Family Court use ‘consent orders’?use ‘consent orders’? register as child support agreement?register as child support agreement?

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Child Maintenance SummaryChild Maintenance Summary Court assessed child maintenance is Court assessed child maintenance is

limited to non-Child Support Scheme limited to non-Child Support Scheme childrenchildren

Assessment is based uponAssessment is based upon financial needs of childfinancial needs of child financial circumstances of parents financial circumstances of parents published research for child’s needs published research for child’s needs

Assuming ‘need’ established, look to Assuming ‘need’ established, look to payer’s ‘means’ – ie financial payer’s ‘means’ – ie financial circumstances circumstances lessless commitments commitments

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(2)(2) Child Support Child Support (Registration and (Registration and Collection) Act 1988Collection) Act 1988 Background to SchemeBackground to Scheme

court proceedingscourt proceedings quantum $ lowquantum $ low ‘‘dead beat dads/moms’dead beat dads/moms’ tax change in the 1980stax change in the 1980s social security blowoutsocial security blowout

No child in poverty by 1990 pledgeNo child in poverty by 1990 pledge Scheme introduced in two stages: 1988 Scheme introduced in two stages: 1988

and 1989and 1989

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(a)(a) Child Support AgencyChild Support Agency Stage 1Stage 1 commenced 1 June 1988commenced 1 June 1988 Australian Taxation Office (to 1998)Australian Taxation Office (to 1998)

(b)(b) Registration of Maintenance Registration of Maintenance LiabilitiesLiabilities

Child and spousal maintenance orders must be registered: ss 17 -19Child and spousal maintenance orders must be registered: ss 17 -19 effect of registration: s 30effect of registration: s 30

debt due to Commonwealthdebt due to Commonwealth can payee enforce? (yes 2007/s 113A)can payee enforce? (yes 2007/s 113A)

opting out/private collection: ss 38A-38Bopting out/private collection: ss 38A-38B

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(c)(c) Collection of Maintenance Collection of Maintenance LiabilitiesLiabilities

CSA collection - auto withholding: s 43CSA collection - auto withholding: s 43 can ‘opt out’: s 44can ‘opt out’: s 44 employer’s obligations: ss 45-65employer’s obligations: ss 45-65

(d)(d) Payment and RecoverPayment and Recovery y of Child of Child Support DebtsSupport Debts

Penalties: ss 66-69Penalties: ss 66-69 Offsets : s 71AAOffsets : s 71AA Deductions from payer’s social security: s 72AADeductions from payer’s social security: s 72AA transactions to defeat liabilities: s72Ctransactions to defeat liabilities: s72C Registrar sues: s113 (or payee s 113A)Registrar sues: s113 (or payee s 113A) Enforcement: Enforcement: FLR?FLR?

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(e)(e) Departure Prohibition Orders Departure Prohibition Orders

Pt VA Divs 1-7 (ss 72D-72Y)Pt VA Divs 1-7 (ss 72D-72Y)

(f)(f) International CollectionInternational Collection ss 124A - 124A - Regulations in relation to overseas-related maintenance obligations?Regulations in relation to overseas-related maintenance obligations? Child Support (Registration And Collection) (Overseas-Related Maintenance Obligations) Child Support (Registration And Collection) (Overseas-Related Maintenance Obligations)

RegulationsRegulations 2000 2000 now repealednow repealed and provisions incorporated in CSRCA and provisions incorporated in CSRCA eg s 30Aeg s 30A

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(3)(3) Child Support and Child Support and (Assessment) Act (Assessment) Act 19891989 Stage 2 - commenced 1 October 1989Stage 2 - commenced 1 October 1989 Major changes 1 July 1999 Major changes 1 July 1999 and 1 July 2008and 1 July 2008 Assessment by formula Assessment by formula Only concerned with ‘means’ (need is Only concerned with ‘means’ (need is

assumed)assumed) http://www.csa.gov.au/guide/index.htmhttp://www.csa.gov.au/guide/index.htm

(a)(a) Eligible ChildrenEligible Children Born after 1 October 1989Born after 1 October 1989 parents separated after 1 October 1989parents separated after 1 October 1989

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(b)(b) Applications for SupportApplications for Support Eligible carer may apply: s25Eligible carer may apply: s25 Liable parent application: s 25ALiable parent application: s 25A Child cannot applyChild cannot apply Child welfare children? s 26AChild welfare children? s 26A See s 24 (a)- See s 24 (a)- relevant child must berelevant child must be

eligibleeligible under 18 yearsunder 18 years not ‘a member of a couple’not ‘a member of a couple’

Jurisdictional connection to Australia: Jurisdictional connection to Australia: s24s24((b)b)

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(c)(c) Administrative Assessment Administrative Assessment of Child Supportof Child Support

(i) what is the procedure? apply to Registrar: s 27(ii) what is a child support period? - refer s 7A(1)(iii) when does a child support period start? - refer s

7A(2)(iv) when does a child support period end? - refer

s 7A(3)(v) examples? - refer s 7A(4)-7A(8)(vi) what is the old basic statutory formula and how

does it work? - refer s 36

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(vii) what is the child support percentage? - refer s 37

(viii) what is the adjusted income amount? - refer ss 5, 36, 38, 38A

(ix) is there a cap on the child support income amount?- yes refer s 42 (use 2.5 times EAWE)

(x) is there an exempted income amount for the payer? – yes; refer s 39

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(xi) is the carer's income relevant? - yes, refer ss 42-46 (if exceeds EAWE)

(xii) basic formula analysis: CS payable equals:CS payable equals:

CS % multiplied by the following equation:CS % multiplied by the following equation:[(payer taxable income[(payer taxable income + supplementary income + supplementary income) )

LESSLESS

(payer exempted income + dependent child allowances)](payer exempted income + dependent child allowances)]But note the non-carer income cap and the possible relevance of But note the non-carer income cap and the possible relevance of the carer ‘s income!!the carer ‘s income!!

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Basic Child Support Figures 2007Basic Child Support Figures 2007Income capIncome cap 2.5 times EAWE - $109,1352.5 times EAWE - $109,135

Exempt incomeExempt income 110% unpartnered rate and no relevant dependent child 110% unpartnered rate and no relevant dependent child

$13,314.60 - $14,646.06 $13,314.60 - $14,646.06 220% partnered rate of pension $11,120.00220% partnered rate of pension $11,120.00

with relevant dependent child - $24,464.00 PLUSwith relevant dependent child - $24,464.00 PLUS

< 13, at end - $2,489< 13, at end - $2,489

13-15, at end - $3,50413-15, at end - $3,504

16 or over, at end – NK (in 2006 was $5,30716 or over, at end – NK (in 2006 was $5,307))

Disregarded incomeDisregarded income Yearly equivalent EAWE - $43,654Yearly equivalent EAWE - $43,654

Minimum annual rate of child supportMinimum annual rate of child support $333$333

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George & Mildred Example George & Mildred Example Q & AQ & A Qn 22Qn 22

Assume George’s incomeAssume George’s income: $: $39,79039,790 Assume 110% x Assume 110% x single pension: $9,000single pension: $9,000 Assume two children and no other Assume two children and no other

dependantsdependants approachapproach

apply facts to formulaapply facts to formula apply formula to figuresapply formula to figures

27% x ($39,790-$9,000=$30,790)27% x ($39,790-$9,000=$30,790)ie. $8,313.30 pa ($159.32 week)ie. $8,313.30 pa ($159.32 week)

Note changes to figures etc since 1998 when Note changes to figures etc since 1998 when Q & AQ & A was written was written

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(xiii) are variations to the old basic formula possible? - yesrefer ss 48-54B

(xiiia) the new 2008 formula – 5 steps or so!

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1.1. CalculateCalculate the the CS incomeCS income of each parent of each parent

2.2. AscertainAscertain the parents’ the parents’ ‘adjusted incomes’ (‘adjusted incomes’ (““II”” = CS income less self support amount)= CS income less self support amount)

3.3. CalculateCalculate the “ the “TT” cost of the child/ren using ” cost of the child/ren using the combined “the combined “II” (adjusted incomes) adjusted ” (adjusted incomes) adjusted of the two parents and applying the relevant of the two parents and applying the relevant amounts in amounts in Costs of Children TableCosts of Children Table (note 2 (note 2 age bands)age bands)

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4.4. Apportion the costsApportion the costs of the child in accordance of the child in accordance with the parents’ respective capacities to paywith the parents’ respective capacities to pay—that is, in proportion to their respective —that is, in proportion to their respective shares of combined adjusted incomeshares of combined adjusted income (ie “ (ie “II” as ” as %s for both)%s for both)

5.5. ‘‘Cost’ (care/contact) percentagesCost’ (care/contact) percentages – – recognition of assumed expenditure for time recognition of assumed expenditure for time children spend with a parent (“children spend with a parent (“CC” %s for both)” %s for both)

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Cost percentages Cost percentages 10 to less than 14% - 10 to less than 14% - NilNil 14% to less than 35% - 14% to less than 35% - 24%24% 35% to less than 48% - 35% to less than 48% - 25% plus 2% for each 25% plus 2% for each

percentage point over 35%percentage point over 35% 48% to 52% - 48% to 52% - 50%50% more than 52% to 65% - more than 52% to 65% - 51% plus 2% for each 51% plus 2% for each

percentage point over 53%percentage point over 53% more than 65% to 86% - more than 65% to 86% - 76%76% more than 86% to 100% - more than 86% to 100% - 100%100%

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(xiiia) the new 2008 formula – 5 steps or so! Child Support =Child Support = [Father’s [Father’s ITIT% - % - CC%] %] plus plus

[Mothers’s [Mothers’s ITIT% - % - CC%]%] II:: Combined parents’ Child Support Income Amount Combined parents’ Child Support Income Amount

(adjusted income (adjusted income minusminus self support amount) self support amount) TT:: Costs of children based on variables (based Costs of children based on variables (based

upon upon II aboveabove plus plus the number and ages of the number and ages of children)children)

CC:: Percentage costs of care already met by virtue Percentage costs of care already met by virtue of care arrangements (% of time child/ren spend/s of care arrangements (% of time child/ren spend/s with each parent)with each parent)

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(xiiia) the new 2008 formula – example ‘Tom and Meng’ example 3 kids all under 12 with care arrangements 3 kids all under 12 with care arrangements

(Tom 25% Meng 75%)(Tom 25% Meng 75%) $CS income$CS income – Tom: $51,500 Meng: $27,000 – Tom: $51,500 Meng: $27,000 Relevant Self Support figure: $18,252 (1/3 of Relevant Self Support figure: $18,252 (1/3 of

the ‘MTAWE’)the ‘MTAWE’) II -- $41,996 (Tom’s CSIA is $33,248 + $41,996 (Tom’s CSIA is $33,248 +

Meng’s CSIA is $8,748) (ie when combined, Meng’s CSIA is $8,748) (ie when combined, Tom’s CSIA% is 79.16% and Meng’s % is Tom’s CSIA% is 79.16% and Meng’s % is 20.83%)20.83%)

T - T - $11,192.68 (based on the ‘Table of Costs’) $11,192.68 (based on the ‘Table of Costs’) CC - - Care – Tom 25% Care – Tom 25% (24%)(24%) and Meng 75% and Meng 75%

(76%)(76%)

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(xiiia) the new 2008 formula – example ‘‘‘Tom and Meng’ exampleTom and Meng’ example $ $ [Tom 55.86% (79.16%-24%)] + [Meng [Tom 55.86% (79.16%-24%)] + [Meng

0% (20.86%-76%]0% (20.86%-76%] Tom pays Meng Tom pays Meng $6,252.23$6,252.23 ($11,192.68 x ($11,192.68 x

55.86%) 55.86%) Note:Note: Meng does get to keep all the Family Meng does get to keep all the Family

Tax Benefit ‘FTB’ (estimated at around Tax Benefit ‘FTB’ (estimated at around $6,184.36 whereas it was previously split $6,184.36 whereas it was previously split between Tom and Meng because he has between Tom and Meng because he has more than 10% care).more than 10% care).

cf. CC Calculator (as at 3 May 2008 and 30 June 2008)

Child Support Estimate: Annually: $6174 ($515 per month or weekly $118)

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(xiiia) the new 2008 formula – example ‘Tom and Meng’ example with the old

formula? 3 kids all under 12 Care arrangements – Tom 25% Meng 75% CS $Y – Tom: $51,500 Meng: $27,000 Exempted $ for Tom: $15,378.22 CS% (3/32% multiplied by the following equation: ($51,500.00) LESS [($15,378.22) + ($0)] - ie 32% of

$36,121.78 = $11,558.97 Liable parents $Y cap and carer’s $Y level are lower

and hence irrelevant Conclusion: Meng will receive less under new formula

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(xiv) can a payer seek an adjustment to his/her child support income? - yessee ss 60-64A

(xv) when does a statutory liability cease? - refer ss 12, 31

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(d)(d) Child Support AgreementChild Support Agreement(i)(i) agreements are encouraged - s 4(3)(a) & Pt 6 Div 2

(ii)(ii) what is included in an agreement? - s 84(1)

(iii) (iii) formalities? - s 85 (written and signed agreement)

(iv) (iv) procedure for acceptance by registrar? - Div 3

(v)(v) decisions on agreement applications? - Div 4(vi) variation of agreements? - refer ss 97-98, 136

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(e)(e) Departure from Departure from Administrative AssessmentAdministrative Assessment

Review by Agency: s 98BReview by Agency: s 98B CCircumstances: s 98C (like s 117) – ’10 reasons’ see: ircumstances: s 98C (like s 117) – ’10 reasons’ see: http://www.csa.gov.au/payer/coa.aspxhttp://www.csa.gov.au/payer/coa.aspx Registrar may initiate: ss 98K-98RARegistrar may initiate: ss 98K-98RA Determinations that may be made: s 98SDeterminations that may be made: s 98S

NOTE: NEW CHANGES 1 JANUARY 2007NOTE: NEW CHANGES 1 JANUARY 2007Child Support Legislation Amendment (Reform of Child Support Scheme – New Formula and other Measures) Act Child Support Legislation Amendment (Reform of Child Support Scheme – New Formula and other Measures) Act 2006 (6.12.06)2006 (6.12.06)

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(e)(e) Departure - CSA’s ’10 Departure - CSA’s ’10 reasons’ reasons’

Reasons about the childrenReasons about the children 1:1: costs applicant more than 5% of his/her CS income amount to have contact costs applicant more than 5% of his/her CS income amount to have contact 2:2: costs the applicant extra to cover the children's special needs costs the applicant extra to cover the children's special needs 3:3: costs the applicant extra to care for, educate or train the children in the way they intended costs the applicant extra to care for, educate or train the children in the way they intended 4:4: CS assessment does not take into account the income, earning capacity etc of the children CS assessment does not take into account the income, earning capacity etc of the children 5:5: Children, payee or someone else has (or will) received money, goods or property from you for the benefit of the children Children, payee or someone else has (or will) received money, goods or property from you for the benefit of the children 6 (payee only):6 (payee only): If other parent has sole care of children, and it costs them more than 5 per cent of his/her CS income amount for child care, for children If other parent has sole care of children, and it costs them more than 5 per cent of his/her CS income amount for child care, for children

younger than 12 years of age at the start of the CS period.younger than 12 years of age at the start of the CS period.

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(e)(e) Departure - CSA’s ’10 Departure - CSA’s ’10 reasons’ reasons’

Reasons about the parentsReasons about the parents 7:7: applicant has necessary expenses in supporting him/herself that affects ability to support the children applicant has necessary expenses in supporting him/herself that affects ability to support the children 8:8: CS assessment does not take into account the income, earning capacity etc, of one/both parents CS assessment does not take into account the income, earning capacity etc, of one/both parentsReasons about a duty to maintainReasons about a duty to maintain 9:9: applicant has a legal duty to maintain another person or other children not included in CS assessment, and it costs them: applicant has a legal duty to maintain another person or other children not included in CS assessment, and it costs them: more than 5 per cent of his/her CS income to have contact with that other person or those children more than 5 per cent of his/her CS income to have contact with that other person or those children extra to cover the special needs of that person or those children extra to cover the special needs of that person or those children extra to cover the necessary expenses of that person or those children.extra to cover the necessary expenses of that person or those children. Reasons about additional income for resident childrenReasons about additional income for resident children 10:10: applicant has earned additional income for the benefit of resident children. applicant has earned additional income for the benefit of resident children.

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(e)(e) Departure from Departure from Administrative Assessment Administrative Assessment (and role of SSAT)(and role of SSAT)

Amendments as from 1 Jan 2007:Amendments as from 1 Jan 2007: CSRC Act 1988 see Pts VII, VIIA, VIII, XIIIACSRC Act 1988 see Pts VII, VIIA, VIII, XIIIA CSAA 1989 see Pt 7 CSAA 1989 see Pt 7 Social Security (Admin’n) Act 1999 (Cth) Pt 2Social Security (Admin’n) Act 1999 (Cth) Pt 2.. Majority of child support objection decisions (including a ‘change of assessment’ objection decision) must now be reviewed by the SSAT Majority of child support objection decisions (including a ‘change of assessment’ objection decision) must now be reviewed by the SSAT (Social Security Appeals Tribunal)(Social Security Appeals Tribunal) rather than the court rather than the court CSA/parents only able to appeal a decision of the SSAT to a court on a CSA/parents only able to appeal a decision of the SSAT to a court on a ‘question of law’‘question of law’ and not on a question of fact. Court will still retain some jurisdiction in various matters and not on a question of fact. Court will still retain some jurisdiction in various matters

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(f) Jurisdiction of Courts(f) Jurisdiction of Courts: Pt 7: Pt 7 Family Court/Fed Mag Court: ss 99-105Family Court/Fed Mag Court: ss 99-105 Declaration person entitled to admin Declaration person entitled to admin

assessment (eg eligible carer etc): s 106assessment (eg eligible carer etc): s 106 Declaration as to liable parent: s 106ADeclaration as to liable parent: s 106A Declaration Declaration person NOT entitled to admin person NOT entitled to admin

assessment (eg not a liable parent)assessment (eg not a liable parent): s : s 107/107A107/107A

Also retains following jurisdiction: Also retains following jurisdiction: parentage declarationsparentage declarations, , applications for a applications for a ‘change of assessment’ for a period more ‘change of assessment’ for a period more than 18 months prior to the date of than 18 months prior to the date of applicationapplication, , stay ordersstay orders,, enforcement enforcement matters sought by the payeematters sought by the payee,, setting setting aside a child support agreementaside a child support agreement

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(f) Jurisdiction of Courts(f) Jurisdiction of Courts: Pt 7: Pt 7 Power to order the recovery of amounts wrongly Power to order the recovery of amounts wrongly

paid under the CSAA: paid under the CSAA: s 143(1)-(3A):s 143(1)-(3A): Where s 107 Where s 107 declaration made court may declaration made court may determine the amount that determine the amount that is to be recovered: s 143(3A)is to be recovered: s 143(3A). In doing so, the court . In doing so, the court must have regard to various matters in s 143(3B).must have regard to various matters in s 143(3B).

Issue of deceit? Issue of deceit? Magill v MagillMagill v Magill [2006] HCA 51 [2006] HCA 51 ((Gleeson Gleeson CJ, Gummow, Kirby, Hayne, Heydon and Crennan JJ)CJ, Gummow, Kirby, Hayne, Heydon and Crennan JJ) – – ‘‘majority’ (Gummow, Kirby and Crennan JJ) held that majority’ (Gummow, Kirby and Crennan JJ) held that marital representations as to children’s paternity could marital representations as to children’s paternity could not give rise to an action in deceit. However, they not give rise to an action in deceit. However, they accepted that a party could seek an order for the accepted that a party could seek an order for the repayment of any sums wrongly paid by way of child repayment of any sums wrongly paid by way of child support (see above) or child maintenance (FLA s 66X).support (see above) or child maintenance (FLA s 66X).

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(f) Jurisdiction of Courts(f) Jurisdiction of Courts: Pt 7: Pt 7 change of assessment/departure change of assessment/departure

orders: s 116orders: s 116

(also see s 118)(also see s 118) considerations: s 117considerations: s 117(1)(1)

special circumstancesspecial circumstances just and equitablejust and equitable otherwise properotherwise proper

see ss 117(2)-117(9)see ss 117(2)-117(9)

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(g) Orders for Non-Periodic Child (g) Orders for Non-Periodic Child SupportSupport: Pt 7 Div 5: Pt 7 Div 5

See ss 121-131See ss 121-131

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(h) Urgent Orders(h) Urgent Orders: Pt 7 Div 6: Pt 7 Div 6 See ss 139-140See ss 139-140

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Reviews and ChangesReviews and Changes Child support evaluation advisory group 1989-Child support evaluation advisory group 1989-

19921992 (Fogarty Committee) (Fogarty Committee) Joint Select Committee on Certain Aspects of the Joint Select Committee on Certain Aspects of the

Operation and Interpretation of the Family Law Operation and Interpretation of the Family Law Act 1975 (Cth) 1991-1992Act 1975 (Cth) 1991-1992

Joint Select Committee on Certain Family Law Joint Select Committee on Certain Family Law Issues 1993-1994Issues 1993-1994

House of Representatives Family and House of Representatives Family and Community Affairs Committee 2003 (‘Custody’ Community Affairs Committee 2003 (‘Custody’ Inquiry)Inquiry)

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Reviews and ChangesReviews and Changes Ministerial Taskforce on Child Ministerial Taskforce on Child

Support 2005Support 2005 (Parkinson Committee) (Parkinson Committee) Federal Gov’t announcement 28 Feb 06Federal Gov’t announcement 28 Feb 06 Child Support Legislation Amendment Child Support Legislation Amendment

(Reform of Child Support Scheme – initial (Reform of Child Support Scheme – initial measuresmeasures) ) ActAct 2006 (15 June 2006) 2006 (15 June 2006)

Child Support Legislation Amendment Child Support Legislation Amendment (Reform of Child Support Scheme – New (Reform of Child Support Scheme – New Formula and other MeasuresFormula and other Measures Act 2006 (6 Act 2006 (6 December 2006)December 2006)

Fact Sheets: Fact Sheets: http://www.csa.gov.au/fact/index.aspxhttp://www.csa.gov.au/fact/index.aspx

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Reviews and ChangesReviews and Changes 1 June 19881 June 1988 CSA registration/collection CSA registration/collection 1 Oct 19891 Oct 1989 CSA assessment CSA assessment 1 July 19991 July 1999 formula changes (eg increased self- formula changes (eg increased self-

support; lowered eligible carer’s $Y threshhold)support; lowered eligible carer’s $Y threshhold) 1 July 20061 July 2006 formula changes (eg reduced liable formula changes (eg reduced liable

parent’s $Y ‘cap’)parent’s $Y ‘cap’) 1 Jan 20071 Jan 2007 changes (eg SSAT reviews) changes (eg SSAT reviews) 1 July 20081 July 2008 - new formula!! - new formula!! Now see PPT by Ken McWhinneyNow see PPT by Ken McWhinney

1 FAMILY LAW TOPIC 6: CHILD MAINTENANCE. 2 Preliminary Matters There are two schemes for child maintenance in Australia: discretionary scheme: FLA discretionary.

Documents

principles s

child support prohibition

stepparent liability

urgent orders s

specification requirement

primary duty s

child maintenance slide

courts general powers