NSW Child Support While Husband is Away on Deployment?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

AlleyS

Member
2 April 2016
4
0
1
Hi.

Needing some help while hubby is away on deployment for 7 months. If we have a child support self-management agreement with the ex-wife, does she have access to more money for the 11-year-old while he's away? The 11-year-old will be at dad's house with step-mum and step-sister one night a fortnight in comparison to the 55% care in Dad's favour while he is in the country.

Cheers
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
If she makes a claim with the child support agency, he should also make sure he tells Centrelink if he is collecting family tax benefit, otherwise he could owe them money too, and she will be entitled to some more child support.

Just checking - when he gets back to Australia, does he think the kid will return to living 55% with you? If so, I hope he has that established in court orders. Otherwise he could be in for a shock when he gets back...

The day the kid comes back into your care is the day you should call child support to tell them the kid is living back with you, otherwise, you could pay additional child support unnecessarily.
 

AlleyS

Member
2 April 2016
4
0
1
He's not collecting any family tax benefit. And yes, court orders are in place for the parenting agreement.

I'm pretty sure she has contacted them for a sum of what she would expect us to pay her, but since we have a personal agreement, do both parties have to agree before any further increase of payments are made?
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
it is only an agreement while both parties agree. If she no longer agrees, she can go to the child support agency and they will collect according to their rules and for the 7 months he is away she has basically full care (near enough) and as such I reckon she'll be entitled to claim child support via the child support agency.

Just out of interest - how did he get 55% care via court orders? That sounds like a good result.