Child support is a responsibility that all parents must face, and Australians in Victoria tend to ask themselves, "What does child support cover in Victoria?". This type of financial support covers a child's basic needs. Anything that can help a child grow and develop can fall under child support.
In legal terms, child support is a financial obligation that requires all parents to assist in their child's normal expenses following a divorce or separation.Child support is still applicable for both biological and adoptive parents, regardless of relationship status.
So, yes, a parent can receive child support payments if they cannot provide for their child. Both parents have a legal duty to provide for their child, regardless of their relationship status.
After a divorce or separation, the financial circumstances of the family change. One parent may struggle, and one may thrive. Apart from child support, separating couples must also separate their assets and property. All of these will involve a lot of property and asset division.
So, yes, after parents go through a divorce, they will think of what child support may cover. They should not simply forget or put their personal interests first. Let's first find out what child support payments are before we know what child support covers in Victoria.
What Is Child Support?
When there are children in a divorce, parents should provide them with not just emotional support, but financial support as well. Child support payments can help parents pay child support to continue providing financial stability for their children. Child support covers expenses like:
- Housing: Clothes, food, and essential utilities
- Education: Child support covers school fees, uniforms, and school excursions.
- Transportation: This will include the child's transportation to school or visits with the other parent
- Healthcare: This can include dental care, regular checkups with the doctor, or psych checkups.
- Other: Child support can also be used for general expenses such as mortgage payments or car maintenance that are associated with raising children.
Moreover, child support payments can last until a child turns 18 or finishes high school. However, this will depend on specific circumstances, like if a child doesn't have the physical or mental capacity to work. So, what does child support cover in Victoria if the child is over 18?
Basically, adult child maintenance is still the same, but with minimal changes. For example, if your child was not able to work because of an accident, you will have to pay for their medical expenses. If they are not living with you, you will have to cover their rent.
What Does Child Support Cover in Victoria: The Child Support Agency
Established in 1988, this agency was responsible for assessing and collecting child support payments under the Child Support Scheme. In 2011, the Child Support Agency (CSA) became a part of the Australian Department of Human Services and is responsible for child support assessments.
Nevertheless, the scheme uses a formula to determine child support amounts based on the parents' income.
Who Can Receive Child Support Payments?
Anyone can receive child support payments, right? Well, the answer is no. Child support helps the primary carer of the child with various aspects when he/she is raising the child. Only one person can become the primary carer, and this is the person who meets the child's physical needs. A person is unable to become a primary carer under the following situations:
- The child was stillborn or died, and we believe you would have been their primary carer.
- You cannot care for your child due to illness.
- As the birth mother, you relinquished care for adoption or surrogacy.
- Centrelink is satisfied that you cannot provide care for a reason beyond your control.
Types of Child Support Expenses
Prescribed Expenses
Prescribed expenses under child support can include payments that can be credited towards child support. This can include some additional costs, like child care costs.
In some cases, it can also include covering costs for the payee's (primary carer of the child) motor vehicle repair costs. It can also include the payee's share of accommodation costs, mortgage expenses or rent for utilities like electricity.
Non-agency Expenses
Non-agency payments also include payments made from one parent directly to the payee or a third party that can be credited towards child support payments. Importantly, as a payer, if you wish to credit these payments towards the overall child support payable, you must keep proof of such payments. Proof can be in the form of bank statements, receipts or bank deposit records. Services Australia will then consider these additional expenses.
What Cannot Be Covered Under Child Support?
In our topic of 'what does child support cover in Victoria', it is also important to know what it doesn't cover. Yes, it's beneficial that Australia has a financial support system to provide for children. However, there may be misconceptions about this financial support that may confuse parents.
The following are generally not included in standard child support payments:
- Costs for private schooling, if both parents have agreed to share them.
- Expenses for extracurricular activities (sports, music, dance, etc.), which are often the responsibility of the parent who enrolls the child or are jointly decided and paid for.
- Significant medical costs like dental work or surgery, which usually require a separate agreement between parents.
- Travel expenses (airfare, petrol) unless both parents have agreed to contribute.
- Personal items such as toys, books, and electronic devices, which are typically the responsibility of the parent who buys them.
What Does Child Support Cover in Victoria: Why Mutual Agreement Is Important
As you can see, some expenses will sometimes depend on the arrangements made between the two parties. Depending on their financial circumstances, the two separated or divorced parties must reach mutual agreements on child support payments. Where this is not possible, parties must seek the help of lawyers who can help them sort out matters related to child support.
Also, it is quite possible that a party is unhappy with Services Australia's child support assessment. Some assessments might show expenses that they should not cover. In this case, they should contact lawyers and take advice on how they can approach Services Australia to vary the assessment.
Why Should You Seek Independent Legal Advice?
Family law is complicated. It is necessary for all parties to do their research on matters, and what better way to start with a family lawyer by your side. If you are looking to make a binding child support agreement or other child support agreements, it is important to obtain independent legal advice.
We'll Help You Work Out Your Child Support Payments
This article has answered the question 'What does child support cover in Victoria?". Any other state in Australia will generally follow Centrelink's requirements on what to cover for child support. But like with any other legal matter, we should approach this on a case-by-case basis. Anything can change, so you should prepare yourself with a proper legal team.
At JB Solicitors, our award-winning team of solicitors have the experience of dealing with a wide variety of complicated matters. We can offer market-leading advice to parties who are looking to reach agreements on their child support payment.
If parents want to agree on child support payment arrangements, they can avail our mediation and arbitration services. These services have always helped our clients reach agreements not just on child support liability, but with property settlement matters and other family law matters as well.
If you have more questions on 'what does child support cover in Victoria,' or for any enquiries, contactour team of lawyers.
Do you want to learn more about other family law matters or other legal matters? If so, you can check out our blog page. We have various blogs and articles that discuss legal matters that are easy to read and digest.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
