VIC 50% Child Support Questions?

[Exwife]

I'd also be getting her to check what her income is listed at in her child support assessment. If she is only on Newstart ($15,500 max with 1 child - I think), and with 50% care, her ongoing payments should be nil. If you have more than 14% care of the child and your income is less than $24500, you won't have to pay anything.

I actually would question if this is accurate information. In a normal circumstance yes, but because he is the non biological father I believe that changes things. My ex husband is currently arguing for 50% custody of my daughter from a previous relationship and I have been advised if he is awarded then her father and I will have to pay him child support as a non-parent carer. She doesn’t have to pay over her CSA obligation but the rates are calculated differently (to my knowledge) in a non-parent carer case.

 

[sammy01]

" the rates are calculated differently (to my knowledge) in a non-parent carer case."
nope.

 

[Exwife]

" the rates are calculated differently (to my knowledge) in a non-parent carer case."
nope.

My understanding is that the non-parent carers income is not taken into account in an assessment and it is only the paying parents income.

 

[sammy01]

This link is to the CSA rules. % of care is what matters

Using the Child Support Guide | Child Support Guide

Welcome to the Child Support Guide (CS Guide). The CS Guide has been designed as a web publication (HTML) and is not available in a single electronic file or in paper format. What does the CS Guide cover? The CS Guide is divided into 6 parts:

guides.dss.gov.au

I like this bit.
"A parent or non-parent carer's percentage of care for a day in a child support period is the percentage of care that the person is likely to have of the child during the care period."
2.2.1 Basics of care | Child Support Guide
So let me quote myself 'nope'

 

[Atticus]

My understanding is that the non-parent carers income is not taken into account in an assessment and it is only the paying parents income.

Correct... As long as they satisfy the definition & requirements of a non parent carer, ie, they are a legal guardian, grandparent or other family member, who has a minimum of 35% care of the child, AND they are not living with a biological parent of the child on a genuine domestic relationship..
Child support assessment - Non-parent carer - Services Australia

"A parent or non-parent carer's percentage of care for a day in a child support period is the percentage of care that the person is likely to have of the child during the care period."

Correct ... But that is just to determine the cost that one or both biological parents are to pay, together with their respective incomes .... The non parent carers income is not used in any part of the calculations.

 

[sammy01]

But how do they determine the $$ to be paid to the non-parent carer if they don't use their income as part of the formula?

 

[Atticus]

But how do they determine the $$ to be paid to the non-parent carer if they don't use their income as part of the formula?

I think it's based on the principle written in the act that (unless a court order exists to say otherwise) parents of a child have the primary duty to maintain.... That's the case even where this a step parent, ie, the SP's income is not taken into account...

Anyway, this may help explain >>>> Where both parents are assessed in respect of the costs of the child, there is a single administrative assessment based on the income of both parents and any care that they may have of the child (see 2.4.8). However, each parent may have a separate liability to the non-parent carer as a result of this assessment, or one parent may have a liability to both the non-parent carer and the other parent.

SOURCE >> 2.1.1 Applications for assessment | Child Support Guide