Family violence and abuse are unfortunately a part of some relationships. When the relationship ends, or appears to be ending the violence may intensify. You do not need to live with violence, if you or your children are enduring abuse or family violence seek help from the police or your lawyer.

Family violence is harmful behaviour that is used to control, threaten, force or dominate a family member through fear. It includes:

• physical abuse, such as hitting or pushing a person around,
• sexual abuse, such as forcing a person to have sex,
• emotional or psychological abuse, such as controlling who a person can see and when, or calling them names or
• financial abuse, such as controlling a person’s money.

Family violence is also behavior that makes a family member fear for the safety of such things as:

• their property,
• another person or
• an animal.

If a child hears, sees or is around family violence in any way, they are also covered by the law. This includes if a child:

• helps a family member who has been abused,
• sees damaged property in the family home or
• is at a family violence incident when the police arrive.

Under family violence law, family members are:

• people who share an intimate personal relationship,
• parents and children, including children of an intimate partner,
• relatives by birth, marriage or adoption or
• people you treat like a family member – for example, a carer, guardian or person who is related to you within the family structure of your culture.

The law also protects a person from anyone who was a family member in the past.

State laws make provision for your personal safety, and can protect you from family violence or spousal abuse. If, for any reason, you fear for your own safety or the safety of your children, the lawyers at Mathews Family Law & Mediation Specialists Melbourne can help you to find protection from family violence. We can advise on the forms of Apprehended Violence Orders available and help you obtain an order appropriate to your circumstances and adequate for your protection. We can also advise on the effect of an AVO on post separation parenting.

If you are facing unwarranted accusations of family violence or abuse we can advise you on your options and assist you in defending the allegations.

Mathews Family Law is a leading family law firm in Melbourne. Please contact us on 1300 635 529 to speak with our family and divorce lawyers  today. You can also send through your enquiry online now and we will contact you shortly.

Both parents are responsible for financially supporting or maintaining their children. The laws covering child support are the Child Support (Registration and Collection) Act, 1988 and the Child Support (Assessment) Act, 1989.

Child support – how much is paid by each parent for the needs of the child – is calculated by looking at each parent’s income, each parent’s expenses and the amount of care each parent provides. First each parent’s “child support income” is considered. This is the parent’s taxable income, minus what he or she needs to support him or herself.  So if a mom makes $35,000 a year and needs $20,000 to live on, her child support income is $15,000.  These two incomes are then added together to determine how much total child support is available from both parents combined.

Each parent’s individual child support income is divided by the total child support amount to figure out what percentage of each parent’s income should go to child support. This is called the “income percentage”.

Then child care is taken into consideration. The parent taking greater care of the child is making a financial contribution that is also recognized and that parent is entitled to pay less child support. This is called the “care percentage” and it’s based on the number of nights a child spends with each parent. This is used to determine how much that care costs in actual dollar terms. The Department of Human Services has a fixed chart to make this determination. This number, which is a percentage, is called the “cost percentage”. This cost percentage for each parent is then subtracted from each parent’s income percentage. If the number is negative, this indicates they are providing most of the child care and they do not need to pay child support. If the number is positive, this is the parent who will pay child support.

The next step is to figure out the actual cost for each child, which is based on the parent’s combined child support income, the number of children and their ages. There is a fixed chart that is updated each year.

The final amount to be paid is calculated by multiplying the child support percentage (of the parent with the positive percentage) by the costs of the child.

The Child Support Agency provides a clear, thorough example to demonstrate exactly how the process works, brought below.

M and F have three children, A aged 9, B aged 7, and C aged 5, who live mostly with M. The children spend 75 nights a year with F, who has regular care of the children. M has an adjusted taxable income of $30 000 and F has an adjusted taxable income of $50,000.

Step 1:

Work out each parent’s child support income by deducting the self-support amount of $18,252 from their adjusted taxable income.

M has a child support income of $11,748 ($30,000 less $18,252)

F has a child support income of $31,748 ($50,000 less $18,252)

Step 2:

Work out the parents’ combined child support income.

$11,748 + $31,748 = $43,496

Step 3:

Work out each parent’s income percentage.

M = $11,748 ÷ $43,496 x 100 = 27.01%

F = $31,748 ÷ $43,496 x 100 = 72.99%

Step 4:

Work out each parent’s percentage of care for each child.

M has care of all the children for 290 nights, 79.45% of the nights, rounded to a care percentage of 80%.

F has care of all the children for 75 nights, 20.55% of the nights, rounded to a care percentage of 20%.

Step 5:

Work out each parent’s cost percentage for each child by looking up the table in section 55C.

M has a cost percentage of 76%

F has a cost percentage of 24%

(Note: a percentage of care is calculated for each child. As the care arrangements for these children are the same, the percentage is the same for all the children. If there are different care arrangements for different children, then they will have different percentages of care).

Step 6:

Work out each parent’s child support percentage for each child by subtracting their cost percentage for that child from their income percentage. As the care arrangements are the same for all the children we will show the one percent that is used for all the children.

M = 27.01% – 76% = -48.99%

F = 72.99% – 24% = 48.99%

(This means that F is responsible for 72.99% of the children’s costs because they have 72.99% of the combined child support income. As F meets only 24% of the costs through the care they need to transfer 48.99% of the costs to M through child support.)

Step 7: 

Work out the costs for each child.

The combined child support income is $43,496.

From the 2012 Costs of Children Table the total costs of the children (three children 12 or under) =

$8,757 + ($0.26 for every $ over $32,433)

$8,757 + ($43,496 – $32,433 = $11,063 x $0.26 = $2,876)

Therefore: $8,757 + $2,876 = $11,633

The cost of each child = $11,633 ÷ 3 = $3,878

Step 8: 

Work out the annual rate of child support payable by the parent with a positive child support percentage.

48.99% x $3,878 = $1,900

$1,900 x 3 (children) = $5,700

F is liable to pay M child support of $5,700 (annual rate).

(From “The Guide”, the CSA’s online guide)

There are two types of agreements parents can come to on their own regarding child support.

The first is called a “binding child support agreement” and there are several regulations regarding this type of agreement:

1. The agreement must be in writing
2. Both parents sign the agreement
3. It must include a statement by each parent that they received independent legal advice on the matter of child support
4. Each parent has a Certificate of Independent Legal Advice from their own lawyer.  The parents may NOT use the same lawyer.
5. It CANNOT be modified or changed.  It can only be terminated and a new agreement written up.

 

Parents can agree to any amount of child support in a binding agreement, but if they agree to less than the amount the Child Support Agency would have provided, the difference is not made up by Centrelink.

A “limited child support agreement” restricts the parent’s ability to make their own arrangements.  This agreement:

1. Requires a child support administrative assessment (see below).
2. It must be in writing.
3. Both parents must sign the agreement.
4. It does NOT require legal advice but it is recommended to consult with a Family lawyer.

Centrelink is part of the Department for Human Services.  They provide payments, including social security and child support.

Couples are encouraged to reach agreements on their own regarding child support.   Some couples are able to do this on their own without any outside intervention.  Other couples may require some help.  A Family Dispute Resolution Practitioner can often help parents work through the issue that come up regarding child support and other issues regarding children.

If a child is over the age of 18 and engaged in tertiary study it is possible to seek Adult Child Maintenance. A mental or physical disability of the child can also require such payments.

Orders for Maintenance need to be sought from the Court or it is possible to obtain these Orders by consent.

Child support lasts until your children are 18. The Court may order payments after the child turns 18 for educational expense or if there is an ongoing disability. You will need to get legal advice.

Child support lasts until your children are 18. The Court may order payments after the child turns 18 for educational expense or if there is an ongoing disability. You will need to get legal advice.

Both parents have an obligation to financially support their children until they are at least 18 years old. A new partner does not have a legal obligation to support the child.

It is possible that you will have less child support to pay. You can contact the CSA online.

The CSA requires proof that a paying parent is a biological or adoptive parent of a child. Proof could be the parent’s name on the child’s birth certificate. The CSA will only issue a child support assessment to a person if proof can be provided that the paying parent is a biological or adoptive parent of the child.

If you cannot provide acceptable proof, you may need to take court action and have DNA testing done. Seek legal advice if you need proof of parentage.