child support

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In family law and public policy, child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian, or state) following the end of a marriage or other relationship. Child maintenance is paid directly or indirectly by an obligor to an obligee for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, a guardian, or the state.
Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically one has the same duty to pay child support irrespective of sex, so a mother is required to pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher income (obligor) may be required to pay the other custodial parent (obligee). In other jurisdictions, and even with legally shared residence, unless they can prove exactly equal contributions, one parent will be deemed the non-resident parent for child support and will have to pay the other parent a proportion of their income; the "resident" parent's income or needs are not assessed.In family law, child support is often arranged as part of a divorce, marital separation, annulment, determination of parentage or dissolution of a civil union and may supplement alimony (spousal support) arrangements.The right to child support and the responsibilities of parents to provide such support have been internationally recognized. The 1992 United Nations Convention on the Rights of the Child is a binding convention signed by every member nation of the United Nations and formally ratified by all but the United States. It declares that the upbringing and development of children and a standard of living adequate for the children's development is a common responsibility of both parents and a fundamental human right for children, and asserts that the primary responsibility to provide such for the children rests with their parents. Other United Nations documents and decisions related to child support enforcement include the 1956 New York Convention on the Recovery Abroad of Maintenance created under the auspices of the United Nations, which has been ratified by the 64 of the UN member states.In addition, the right to child support, as well as specific implementation and enforcement measures, has been recognized by various other international entities, including the Council of Europe, the European Union and the Hague Conference.Within individual countries, examples of legislation pertaining to, and establishing guidelines for, the implementation and collection of child maintenance include the 1975 Family Law Act (Australia), the Child Support Act (United Kingdom) and the Maintenance and Affiliation Act (Fiji). Child support in the United States, 45 C.F.R. 302.56 requires each state to establish and publish a Guideline that is presumptively (but rebuttably) correct, and Review the Guideline, at a minimum, every four (4) years. Child support laws and obligations are known to be recognized in a vast majority of world nations, including the majority of countries in Europe, North America and Australia, as well as many in Africa, Asia and South America.

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  1. jazakAllah

    VIC Child support for temp resident

    My friend is temporary resident with 5 children while her ex husband is awaiting protection visa. The chidlren are all born. In Australia and they have been living since 8 years in Australia. Is he eligible for child support based on residence?
  2. J

    child support agency fraud

    Has anyone in this forum been prosecuted by the Commonwealth Director of Public Prosecution regarding Commonwealth fraud, specifically Child support fraud? If so what was your experience and outcome? Also does anyone know of any case law on this matter? Thanks
  3. Dpj

    VIC Child support outcome

    Hi All. To those fighting child support to correctly recognise income of other party, please soldier on. I recieved a lift on the other parent's income of 10x to half a million set for +5yrs. Here are some points: 1) applied. Objected. Then escalated to a Tribunal hearing. This enabled me to...
  4. U

    NSW Child support and property

    Hi, Just looking for some information regarding my family law case. Just before final hearing in 2019 I had lost my job and was not able to pay child support. Judge made a decision to give a much higher (about 85%) share to the other parent. One of the reasons he gave was that ‘the husband...
  5. KMac83

    QLD I want to claim child support, can my ex husband sue me?

    Can my ex-husband sue me? Background: We separated in 2017 and divorced in 2018. From 2017 - 2020 I spent hours and hours each week negotiating our parenting agreement and asset division via court orders. Whilst it wasn't formally documented (as a financial statement wasn't prepared), I had...
  6. S

    QLD Child support debt recovery

    Child support debt recovery question please. I am currently owed nearly $30,000 in child support and it is increasing at the rate of $30,000 a year, CSA were collecting the money from the paying parents wages. The paying parent has disappeared, possibly out of the country, he has nil assets on...
  7. T

    SA Binding Child Support Agreement – non-periodic payments.

    Where an agreement cannot be made through BCSA (where pre-agreement in writing is required) because parties cannot agree – which ‘Court’ can this be taken for securing an outcome? Is it Family Court or come other court. Is the test “best interest of the children’.. Dispute is over high school...
  8. J

    Child Support - Delegation of a parents care

    Can one parent delegate their care responsibility without a written agreement from both parents? I cannot find any legislation that states delegation of care is acceptable, but I have had conflicting information from CSA as to whether care can be delegated or not. Any help or link to relevant...
  9. V

    NSW Child support 2007-2015

    When I separated from my ex we were living in UK & my children & I moved back to Australia.My ex remained in the UK & was working for an investment bank as a risk analyst & had started receiving a substantial income. For the first year due to the divorce settlement his income was about $800000...
  10. C

    Child Support breach

    If someone is to tell another person how much they receive in child support is this a breach of privacy? No income was exchanged in conversation purely just how much/little they received to a friend. Is this wrong or a breach of privacy and illegal?