How to Calculate Child Support in Australia?

What is child support?

Child support is the money that is paid by parents to give financial assistance to the child. Usually, this amount is paid by the non-custodial parent to the custodial. But this depends on the agreement between the parents. This amount can change according to the decided expenses. (Child Support Australia)

The methodology of child support:

Child support is complicated for both parties. The rules may be different for each parent depending on the situation. It is wise to consult a family law attorney like Aylward game. They will explain the procedure that applies to your condition.

Below we have tried to explain the basic procedure of child maintenance.

• Each parent contributes to child maintenance.

• The cost varies according to the ages and number of children.

• The parent with a higher income will pay more.

• The custodial parent gets extra credit.

• The parent will contribute only if his income is greater than the expenses.

The child support is calculated by the following formula:

Child support = costs of children * (Income – expenses)

If this formula gives a positive result then you will have to pay the child maintenance.

Where to use child support?

Child maintenance is paid to support the child financially. And to maintain his living standard. So, the custodial parent cannot use these expenses for their personal needs. Like saloons, entertainment, or vacations in which the child is not involved. The child support payments can be used for:

• Shelter, which includes rent or mortgage. It also covers the basic home needs of the child.

• Food, clothes, toys, and books are the basic needs of the child.

• Medical expenses to maintain the health of the child. The parent who is paying child maintenance can also use his health insurance plan to provide this facility.

• All of the school expenses.

• And the extracurricular expenses like sports or summer camp.

These expenses are clearly defined in the agreement. So, both parents can understand their responsibilities.

How much is child support?

This amount is a variable. It is dependent on the incomes of parents. You will pay according to your earning and the expenses you face. The one who earns more will have to pay more for child maintenance. Usually, the following factors are taken into consideration to get a child maintenance assessment.

• The tax on parents’ income

• The number of nights of each parent with the child or children.

• The number of children with the age of less than 13, and the ones who are between 13 and 17.

Let’s dig deeper to know more about child sport in QLD.

How much child support will I pay?

This is an essential factor in calculating child support in Australia.

The child maintenance is not calculated on your gross salary. You may have to pay taxes. These can be income tax, property tax, or other taxes. In the child maintenance formula, the recent tax return is used. Then there are some personal requirements. The formula assumes a certain self-support amount. It is one-third of the Male Total Average Weekly Earnings (MTAWE). In 2020 self-support is 25,5757 dollars.

Before applying for the child support Australia formula, the tax, and the self-support income are subtracted. You will pay only what you can easily afford. A specific percentage of income decides your share in child maintenance.

Child Support in Australia

Support for each child:

To calculate the cost of each child you can use the following Government’s costs of the children table.

https://guides.dss.gov.au/child-support-guide/2/4/2#mtawe

Child support period starting inAnnualised MTAWE figureSelf-support amount (1/3 MTAWE)Default income (2/3 MTAWE)The fixed annual rate of child supportParenting payment single, maximum basic amount (PPS)The minimum annual rate of child supportChild support inflation factor

2008$54,756$18,252$36,504$1,122$13,980$3395.0%2009$56,425$18,808$37,617$1,178$14,615$3563.3%2010$58,854$19,618$39,236$1,193$14,937$3603.8%2011$61,781$20,594$41,187$1,226$15,909$3704.7%2012$64,865$21,622$43,243$1,269$16,679$3834.2%2013$67,137$22,379$44,758$1,294$17,256$3914.1%2014$70,569$23,523$47,046$1,322$18,197$3994.8%2015$70,829$23,610$47,219$1,352$18,728$4081.8%2016$71,256$23,752$47,504$1,373$19,011$4141.3%2017$72462$24,154$48,308$1,390$19,201$4202.1%2018$73,606$24,535$49,071$1,416$19,568$4271.6%2019$75,114$25,038$50,076$1,443$19,981$4352.4%2020$76,726$25,575$51,151$1,467$20,298$4432.5%

The following factors also affect the costs of children.

A number of children:

More children mean more cost. A 2nd child can add 50% to the costs of the 1st child. If you have 3 children it will cost double compared to the cost of a single child.

Ages of children:

The ages of the children also have an impact on child maintenance. If they are 13 and above they will cost 20% more than the children of age 12 and below.

Your income:

Child maintenance increases with the increase in your income. If both of you have income below the self-support then there will be no self-support.

The child will get support if the income is 2.5 times MTAWE. And this happens usually when both parents have a combined taxable income of 3.167 times MTAWE. The minimum child maintenance in 2020 is 443 dollars.

Income shares:

Each parent contributes a certain percentage of the income for child maintenance. Each of them will be responsible for covering a specific percentage of the costs of a child. It is your choice to pay the child maintenance or to take the child under your custody.

For instance, if you have 70 percent of the combined income then you will have to meet the 70 percent requirements of the child. Similarly, If the child is spending more nights with you then you will receive child maintenance.

Cost Shares:

The custodial parent gets credit for taking care of the child or children. The cost of the child for which the credit is given is the percentage of your cost. This cost is calculated according to the table given below.

https://www.servicesaustralia.gov.au/individuals/services/child-support/child-support-assessment/how-we-work-out-your-assessment/basic-formula#careandcost

Care percentageEqual to the number of nights a yearEqual to the number of nights a fortnightCare levelCost percentage0-13%0-511Less than regular care0%14-34%52-1272-4Regular care24%35-47%128-1755-6Shared care25% plus 2% for every percentage point over 35% of care48-52%176-1897Shared care50%53-65%190-2378-9Shared care51% plus 2% for every percentage point over 53% of care66-86%238-31310-12Primary care76%87-100%314-36513-14More than primary care100%

The care is calculated according to the number of nights you have the child in a year. To calculate it the number of nights is divided by 14 which is a fortnight.

The above table gives the difference between the percentage of cost and care. The result is often unclear but for many parents, the percentage of cost is equal to the care.

Calculating child support:

In the last step, the cost of the child or the children is multiplied by the difference in cost percentage and income percentage.

The custodial parent will receive support if the care % is greater than 35% and the cost percentage is greater than his or her income. You will have to pay child maintenance if the care % is less than 65% and the income percentage exceeds the cost.

The Department of Human Resources decides the amount of child maintenance. The child maintenance assessment has an annual figure, the monthly billed amount and the current balance. It can change only in special circumstances by a change of assessment review.

Read More: https://familylaw.aylwardgame.com.au/services/child-support/

Conclusion:

When parents are no longer living together, there is a problem in raising the child or children. One cannot do this alone. To meet the child’s financial needs child maintenance is needed. It is paid to give a good lifestyle to the child. The parents cannot use child maintenance for their personal needs. This law helps the child to get his rights.

Frequently asked questions:

What is child support for in Australia?

Child support is an amount that is paid by both parents to support the child financially.

When does child maintenance end?

Child support is paid until the child turns 18 or 19. But if the child is unmarried and still attending high school then the court may as to continue the child maintenance.

Is it mandatory to pay child support?

Yes, it is mandatory. You will have to pay child maintenance until the child turns 18. But if he is 18 and still in high school, you will have to pay child maintenance.

Should I hire a lawyer for child support?

It is good to have a lawyer. He will make the implementation of child maintenance easier.

Does the child support increase with the increase in income?

It depends on the increment. If the increment is at least 10 percent of the previous income then there will be a change in child support. You will have to pay a bit extra amount.

Article Source: Child Support Australia

 

Important Update On Parenting Orders, Parenting Plans and COVID Restrictions

The current Covid restrictions in South East Queensland are a little different from those that were in place before, and there are some differences that are relevant for separated families who have arrangements for their children to spend time with the other parents.

The Covid lockdown arrangements apply to the 11 Local Government areas in South East Queensland. If you are within that area you are only permitted to leave your home for certain specified reasons. Under the current Queensland Health Direction, this specifies that a permitted reason is to continue Court ordered or directed arrangements for children to spend time with their parents and other siblings. This clearly does not include the many people who have managed to reach an agreement between themselves, whether that is an informal agreement or in a parenting plan, but which has not required a Court Order.

Strictly speaking, therefore, if there is no Court Order in place for children to spend time with their parents then it is not a permitted reason under the current Covid restrictions.

If one parent lives in a locked-down area, and the other parent does not, the same rules appear to apply – travel is permitted in and out of the locked-down area, provided it is for a permitted reason.

It remains to be seen whether the Queensland Government will revise this direction to reflect the fact that many people do not have Court orders to address their parenting arrangements.

For advice or assistance with all family law matters contact the Family Law Team at Aylward Game Solicitors today.

Article Source: Update On Parenting Orders 

WHEN MEDIATION WORKS BEST, AND WHEN TO AVOID IT

 

Mediation can be a tool for resolving your civil or family law dispute quickly and inexpensively. You might decide to work with a mediator to resolve your dispute without court involvement, or a judge might have ordered you to attend after the case is started. Either way, find out when, and how, mediation works best, and what to watch out for to signal this form of alternative dispute resolution isn’t right for you. Aylward Game Solicitors is a trusted family law mediation in Brisbane and our Brisbane family mediators are highly experienced in all family law issues.

WHEN CAN YOU USE MEDIATION?

Parties and courts use mediation as an alternative to traditional litigation in civil and family law cases. As a form of “alternative dispute resolution”, mediation takes parties out of the courtroom and gives them the space they need to resolve their disagreements with the help of a mediator. Sometimes, it can replace traditional court processes entirely. More often, however, it is used to cut short time-consuming and expensive litigation, avoid trial and save both parties money on family lawyer fees.

Family Law Mediators Brisbane

Mediation can be used at any point along the way in a family law matter. Some co-parents use mediation to set a custody and visitation schedule without going through the formality of the court system. Others have their divorce or custody dispute referred to mediation while the case is pending to avoid having to go to trial. Still, others use mediation to resolve disagreements that arise in how their judgments should be interpreted or carried out, or to decide when changes need to be made to address their children’s needs.

Mediation can be used to address:

• Custody and visitation
• Child Support
• Spousal Support
• Property distribution in divorce
• School enrollment
• Disagreements over medical treatments for the children
• Post-judgment modifications to custody and visitation orders

Civil Justice for Victims of Crime

Victims seeking civil justice in the civil court system can also use mediation to avoid civil litigation, reduce costs, and possibly resolve their cases quicker. For victims of crimes, mediation can provide an opportunity to reach non-monetary settlements that otherwise would not be an available outcome at trial. For example, a victim of domestic violence or sexual assault may seek an apology or explanation from their perpetrator. Or a victim could seek a policy or systematic change relating to an institution that contributed to their harm.

When desired mediation outcomes are more than money, it is important that the survivor chose a trauma-informed mediator. The mediator must be able to perform the mediation in a way that recognizes the dynamics of the abuse, respects the healing process of the survivor, and values the non-monetary relief requested by the victim.

THE MEDIATION PROCESS

For most, the idea to meditate comes from one of the parties or their attorney’s suggestion. The parties can agree or even use the mediator to outline which issues will be mediated.

On the day of your mediation, you should expect to be welcomed to the facility, which may be a lawyer’s office, and made comfortable. Sometimes, the parties’ respective attorneys will also be part of the mediation. The mediator will then explain the process and any limits you or the court have set, and then will help you identify the issues and possible solutions to those issues. You should expect to be given an opportunity to explain how you think the case should be resolved and why, and listen respectfully as the other party does the same. The mediator may meet with everyone at once, or “caucus” with each side individually. Certainly, where restraining orders or issues of violence are present, the mediator must provide appropriate and safe accommodations for the victim. Ultimately, the goal is to work through each of the issues and find a solution that everyone can live with (even if it isn’t what you expected or would have preferred).

WHEN MEDIATION WORKS BEST

Most lawsuits resolve without ever having to go to trial. In many instances, that resolution comes with the help of a mediator. This person is a trained, independent third party, who helps both parties explain their priorities and needs, weigh their choices, and work through their differences. However, some cases are easier to mediate than others. Mediation works best when the parties:

Come Prepared With the Information They Need to Make Key Decisions

It is best to do your homework before coming to the mediation table. In the family law context, this could include:

• Creating a spreadsheet with all your financial accounts and retirement assets,
• Collecting credit card and bank account balances
• Getting pre-approved or investigating your eligibility for a loan or line of credit to buy out one party’s interest in the home,
• Vetting schools or child-care facilities and finding out whether they have a space for your children
• Creating a household expense budget for use in deciding an alimony award
• Identifying therapists or other experts that may help meet case-specific goals

In a civil lawsuit, this preparation often includes identifying the costs associated with the harm done and brainstorming non-monetary solutions that would give you the closure you need. To prepare for civil mediation, you and your attorney should:

• Identify desired results
• Gather supportive and compelling evidence to support your claim of damages in a civil case

Keeping the Focus on Practical Solutions for Recovery

If you are a victim of domestic violence or sexual assault, or a spouse in a messy divorce action, you may have justified and appropriate emotions wrapped up in the resolution of your case. However, these feelings of hurt or blame can sometimes interfere with a successful mediation. When that happens, you may end up facing the defense (such as your ex-spouse, employer et al) more frequently as you and your attorneys work through the litigation process.

It is important to try to set the emotional aspects of your case aside during mediation. Your mediator will be focused on what needs to happen moving forward to bring the case to resolution and what the parties need so they can accomplish those goals and priorities. To make mediation a success, keep your attention on what you need to be made whole, or what will happen after the order is entered. By focusing on the future, you will end up with a settlement that works.

WHEN MEDIATION DOESN’T WORK

Mediation can be great for resolving civil and divorce disputes, but it does not work in every case. Domestic violence, trauma, dominance and control issues, and other power imbalances can turn a tool for conflict resolution into a traumatic experience. That’s why every mediation should start with individual one-on-one domestic violence screening between each party and the mediator. This screening gives you the opportunity to explain what you need to feel safe and supported, and for the mediator to get a sense of whether you will be able to voice your opinions, needs, and wants in the mediation. If you have been the victim of verbal, emotional, or physical abuse, or if you have trouble saying no to your partner, be sure to tell your mediator upfront, so that she or he can respond appropriately to protect you and make sure mediation is right for you.

When Do Things Go Wrong?

Mediation also doesn’t work when the parties are simply too far apart on some issues. If either party has decided to demand his or her “day in court” or takes an all-or-nothing approach, mediation will fail unless that party starts to compromise. Remember that most successful mediations require both parties to give a little on issues that may not be their top priorities. When one party brings ultimatums to the negotiation table, it’s a good chance that mediation won’t work.

Sometimes when mediation doesn’t work it is because the parties are working with someone without the skills and training to help them come to a resolution. The way a mediator facilitates the discussion and handles the needs and emotions of each party can mean the difference between a mediation that works, and a case that is going to trial.

In any event, you are best advised to work alongside an experienced team of legal experts. Our single-line commitment is to providing proven advice and increasing your chance of a positive outcome. We can be reached on 1800 217 217 for more information on your matter.

Article Source: Family Law Mediators

WHEN MEDIATION WORKS BEST, AND WHEN TO AVOID IT

Mediation can be a tool for resolving your civil or family law dispute quickly and inexpensively. You might decide to work with a mediator to resolve your dispute without court involvement, or a judge might have ordered you to attend after the case is started. Either way, find out when, and how, mediation works best, and what to watch out for to signal this form of alternative dispute resolution isn’t right for you. Aylward Game Solicitors is a trusted family law mediation in Brisbane and our Brisbane family mediators are highly experienced in all family law issues.

WHEN CAN YOU USE MEDIATION?

Parties and courts use mediation as an alternative to traditional litigation in civil and family law cases. As a form of “alternative dispute resolution”, mediation takes parties out of the courtroom and gives them the space they need to resolve their disagreements with the help of a mediator. Sometimes, it can replace traditional court processes entirely. More often, however, it is used to cut short time-consuming and expensive litigation, avoid trial and save both parties money on family lawyer fees.

Family Law Mediators Brisbane

Mediation can be used at any point along the way in a family law matter. Some co-parents use mediation to set a custody and visitation schedule without going through the formality of the court system. Others have their divorce or custody dispute referred to mediation while the case is pending to avoid having to go to trial. Still, others use mediation to resolve disagreements that arise in how their judgments should be interpreted or carried out, or to decide when changes need to be made to address their children’s needs.

Mediation can be used to address:

• Custody and visitation
• Child Support
• Spousal Support
• Property distribution in divorce
• School enrollment
• Disagreements over medical treatments for the children
• Post-judgment modifications to custody and visitation orders

Civil Justice for Victims of Crime

Victims seeking civil justice in the civil court system can also use mediation to avoid civil litigation, reduce costs, and possibly resolve their cases quicker. For victims of crimes, mediation can provide an opportunity to reach non-monetary settlements that otherwise would not be an available outcome at trial. For example, a victim of domestic violence or sexual assault may seek an apology or explanation from their perpetrator. Or a victim could seek a policy or systematic change relating to an institution that contributed to their harm.

When desired mediation outcomes are more than money, it is important that the survivor chose a trauma-informed mediator. The mediator must be able to perform the mediation in a way that recognizes the dynamics of the abuse, respects the healing process of the survivor, and values the non-monetary relief requested by the victim.

THE MEDIATION PROCESS

For most, the idea to meditate comes from one of the parties or their attorney’s suggestion. The parties can agree or even use the mediator to outline which issues will be mediated.

On the day of your mediation, you should expect to be welcomed to the facility, which may be a lawyer’s office, and made comfortable. Sometimes, the parties’ respective attorneys will also be part of the mediation. The mediator will then explain the process and any limits you or the court have set, and then will help you identify the issues and possible solutions to those issues. You should expect to be given an opportunity to explain how you think the case should be resolved and why, and listen respectfully as the other party does the same. The mediator may meet with everyone at once, or “caucus” with each side individually. Certainly, where restraining orders or issues of violence are present, the mediator must provide appropriate and safe accommodations for the victim. Ultimately, the goal is to work through each of the issues and find a solution that everyone can live with (even if it isn’t what you expected or would have preferred).

WHEN MEDIATION WORKS BEST

Most lawsuits resolve without ever having to go to trial. In many instances, that resolution comes with the help of a mediator. This person is a trained, independent third party, who helps both parties explain their priorities and needs, weigh their choices, and work through their differences. However, some cases are easier to mediate than others. Mediation works best when the parties:

Come Prepared With the Information They Need to Make Key Decisions

It is best to do your homework before coming to the mediation table. In the family law context, this could include:

• Creating a spreadsheet with all your financial accounts and retirement assets,
• Collecting credit card and bank account balances
• Getting pre-approved or investigating your eligibility for a loan or line of credit to buy out one party’s interest in the home,
• Vetting schools or child-care facilities and finding out whether they have a space for your children
• Creating a household expense budget for use in deciding an alimony award
• Identifying therapists or other experts that may help meet case-specific goals

In a civil lawsuit, this preparation often includes identifying the costs associated with the harm done and brainstorming non-monetary solutions that would give you the closure you need. To prepare for civil mediation, you and your attorney should:

• Identify desired results
• Gather supportive and compelling evidence to support your claim of damages in a civil case

Keeping the Focus on Practical Solutions for Recovery

If you are a victim of domestic violence or sexual assault, or a spouse in a messy divorce action, you may have justified and appropriate emotions wrapped up in the resolution of your case. However, these feelings of hurt or blame can sometimes interfere with a successful mediation. When that happens, you may end up facing the defense (such as your ex-spouse, employer et al) more frequently as you and your attorneys work through the litigation process.

It is important to try to set the emotional aspects of your case aside during mediation. Your mediator will be focused on what needs to happen moving forward to bring the case to resolution and what the parties need so they can accomplish those goals and priorities. To make mediation a success, keep your attention on what you need to be made whole, or what will happen after the order is entered. By focusing on the future, you will end up with a settlement that works.

WHEN MEDIATION DOESN’T WORK

Mediation can be great for resolving civil and divorce disputes, but it does not work in every case. Domestic violence, trauma, dominance and control issues, and other power imbalances can turn a tool for conflict resolution into a traumatic experience. That’s why every mediation should start with individual one-on-one domestic violence screening between each party and the mediator. This screening gives you the opportunity to explain what you need to feel safe and supported, and for the mediator to get a sense of whether you will be able to voice your opinions, needs, and wants in the mediation. If you have been the victim of verbal, emotional, or physical abuse, or if you have trouble saying no to your partner, be sure to tell your mediator upfront, so that she or he can respond appropriately to protect you and make sure mediation is right for you.

When Do Things Go Wrong?

Mediation also doesn’t work when the parties are simply too far apart on some issues. If either party has decided to demand his or her “day in court” or takes an all-or-nothing approach, mediation will fail unless that party starts to compromise. Remember that most successful mediations require both parties to give a little on issues that may not be their top priorities. When one party brings ultimatums to the negotiation table, it’s a good chance that mediation won’t work.

Sometimes when mediation doesn’t work it is because the parties are working with someone without the skills and training to help them come to a resolution. The way a mediator facilitates the discussion and handles the needs and emotions of each party can mean the difference between a mediation that works, and a case that is going to trial.

In any event, you are best advised to work alongside an experienced team of legal experts. Our single-line commitment is to providing proven advice and increasing your chance of a positive outcome. We can be reached on 1800 217 217 for more information on your matter.

Article Source: Family Law Mediators