Changes to the Child Support Scheme for WA ex-nuptial customers
Western Australia (WA) has kept its power to make child support laws for children whose parents have never been married (known as WA ex-nuptial children). So the Child Support Agency (CSA) has made different arrangements for child support cases involving these children.
On 3 March 2011, WA adopted child support legislation bringing their child support laws in line with the rest of Australia.
The following changes may affect you:
- If a parent has a maintenance debt and the CSA is satisfied that they are in financial hardship, they can decide to deduct less from Centrelink and Veterans' Affairs pensions and allowances.
- The CSA can impose a Departure Prohibition Order (DPO) for certain types of overseas maintenance debts where this was not previously possible. This means that parents with outstanding debt may not be allowed to leave Australia.
- The CSA can register de-facto maintenance orders for people living in WA.
- A child support agreement spanning 1 July 2008 will be treated as two separate child support agreements if we are asked to accept the agreement after 1 July 2008. This becomes one agreement covering the period before 1 July 2008 and the other covering the remaining period.
- A parent can now apply for a minimum assessment to be reduced to nil for part or all of a child support period. Their income for the time they are seeking the reduction must be less than the minimum assessment.
- It is easier for parents to make a child support agreement that CSA can accept during the Change of Assessment process. There may be limitations, and the agreement will only be accepted if the CSA is satisfied it is fair to the child and parents.
- A parent can apply to have high child care costs considered during the Change of Assessment process, regardless of their percentage of care. Non- parent carers who are entitled to receive child support can also apply if they have high child care costs.
- Same sex parents and parents of surrogate children can be assessed for child support in a wider variety of circumstances.
- The definition of adjusted taxable income for child support purposes now includes net financial investment losses and reportable superannuation contributions.
- The period for estimating income for child support purposes has been changed to a financial year, enabling parents to more accurately estimate their income.
- A parent can now object to CSA's decision to refuse to accept an estimate and to CSA's determination of an estimate amount.
- One care determination is now used for both child support and family assistance purposes. If either parent receives child support and family assistance, customers will only need to have their percentage of care assessed once by either the CSA or the Family Assistance Office (FAO).
- Customers can now make an objection to the CSA or the FAO for review of a care percentage decision.
- CSA can issue a notice to the FAO to deduct child support or spousal maintenance from parental leave payments.
For more information about the recent changes call us on 131 272* Call charges apply.