ACT Clarification of Consent Orders Regarding Child Support?

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

mierd

Active Member
11 March 2016
8
0
31
Hello,

I'd like some assistance with interpreting a consent order notation which I am unsure about.

There is a notation stating that "parties agree to equally contribute to all expenses relating to medical, education and other expenses relating to the children"

The father in this situation pays child support as assessed by Child Support Agency. He currently has 7% care of the children. My understanding is that child support covers things like schooling fees, uniforms, etc. The children go to public school and are treated medically in the public system.

As far as the orders state, is he still required to pay half of any school costs at public school even though child support is intended to cover these expenses?

Hope this makes sense and appreciate your help.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Nope.

Read:
4.3.3 Implementing Court Orders Made under the Child Support Legislation | Child Support Guide

Read in particular "Whilst a notation can indicate the parents' intentions, they are not orders and cannot be registered or vary an assessment."

It does go on to say a notation "may, therefore, form part of the evidence the Registrar considers in determining the parties' intentions for purposes such as non-agency payments or change of assessment matters."

So I need to change my mind from nope to maybe... But I have personal experience of this one. I was taken by my ex to the administrative appeals tribunal after they knocked back a notation that favoured her. At the AAT, they refused to accept the notation so it wasn't accepted.

Now if the kids were already at private school prior to separation or dad's name was on the enrolment form then you could win based on a different rule

2.6.9 Reason 3 - High Costs of Caring for, Educating or Training the Child in the Manner Expected by the Parents | Child Support Guide

Read the bit under the title.

"Is the child being cared for, educated or trained in a manner expected by his or her parents?"

But as the kid is in a public school. I think the dad has met his obligation according to the rules.

I hope this helps?