VIC Paying Child Support Above the Child Support Agency Cap?

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

Chino

Active Member
16 August 2017
9
1
31
There is a strong possibility that I am going to have to pay child support on a child that I fathered accidentally with a woman that I was with for only a few months. We don't plan on raising the child together, so she will be having the child 100% of the time.

If the child is genuinely mine, I have no trouble paying everything the Child Support Agency asks me to pay, as it is my mistake and I am happy to follow the law. What scared me, however, is when I saw a family lawyer and she mentioned that my ex partner hired a very expensive lawyer, and the only reason she would do that for a simple paternity case is that she would be looking to get a lot of money out of me.

So my question is this: Is it possible to be on the hook for more than the maximum child support payable, above the cap? It looks like the cap is approx 1500 a month. Is it genuinely possible that a high priced lawyer can force more money out of me? My lawyer said it wasn't uncommon for ex partners to go after more (IE 50-100k a year).
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
No.

In Australia, the Child Support Agency is responsible for assessing how much child support is owed from one parent to another. They must follow the Child Support Assessment Act, and therefore use a consistent calculation method across all child support cases to determine the amount to be paid. That calculation takes into account yours and your ex's taxable income, and the percentage of care for the child that you and she each have. The only real method available in which you would pay more money is by entering into a binding child support agreement, but that would require your agreement.

What she might otherwise be attempting is spousal maintenance, but there really aren't a lot of cases where spousal maintenance orders are made, particularly in cases where the relationship was very short.

Another reason she might have hired a lawyer is because an order for paternity can't be made by the Court unless it's sought in conjunction with other parenting orders, like an order for the child's care arrangements or parental responsibility. She may be seeking an order for sole parental responsibility so she never has to seek your consent on anything to do with the child, like passports or name changes, and sole parental responsibility can only be granted by order of the Court.

Also, keep in mind that lawyers, by virtue of their profession, are expensive, so what might seem like an 'expensive lawyer' to you maybe isn't that costly for the industry. Another alternative might be that your ex has sought a private lawyer rather than representation through Legal Aid because Legal Aid rarely funds sole parental responsibility cases.

I would not pay the cost of your ex's lawyer too much mind, and it's best to just wait for correspondence or service before stressing about proceedings.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
I reckon you got dogdy advice.

I'd ask for a paternity test. Go see a GP and ask how this can be done. There is a non-legally binding kinda test that is pretty cheap.

I would do nothing other than that until you get a letter from a solicitor hitting you up for more... I doubt that will happen and I doubt you will have to pay a cent more than child support.

Spousal maintenance is a non-issue as you and her were not married or defacto.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Well, de facto status applies if you have a child together, but I still agree that it's unlikely to be an issue.
 

Chino

Active Member
16 August 2017
9
1
31
Thanks for the responses, guys. I mentioned there was a cap and the lawyer mentioned that the legislation recently changed? And that there are other avenues by which my ex can extract money from me for other things. I just wasn't sure how that might be, and all my attempts to search the CSA websites and the forums have turned up nothing.
 

Chino

Active Member
16 August 2017
9
1
31
Update - Yep - it looks like what they are after is Sole Parental Responsibility.

Which begs the next question - what are the implications of that? I would obviously be still on the hook for child support, but are there additional implications I am not aware of?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Basically, it means mum gets to make all the decisions without you. She won't need your consent for a passport or travel or education, religion, medical intervention, living arrangements or name changes.

I hope you don't grow to regret the decision not to be involved. It does immense emotional harm to some kids.
 

Chino

Active Member
16 August 2017
9
1
31
Thanks for the help. This is all in motion as we speak, so I'll update and ask more questions as they arise. Definitely looks like a good idea to have a lawyer on board.
 

Chino

Active Member
16 August 2017
9
1
31
I've posted this in a separate question - but I'll update it here. She submitted the registration with my name on it but without my signature (as I was advised not to sign) and since then I got a letter from BDM explaining why I did not sign. What are the implications for telling the truth in the matter? What are the likely outcomes from this, knowing that what my ex wants is sole parental responsibility and (on the surface) does not appear to be after any child support or otherwise?
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
You wrote earlier in the thread that the solicitor told you the law recently changed? I think that is not true.

Sole parental responsibility is assumed in law and can only be rebutted if the court is satisfied that one parent is a complete twit. Even when sole parental responsibility is granted the courts usually expect the primary carer to keep the other parent informed...

My opinion - don't sign the birth certificate. If you're satisfied the child is yours then pay child support according to their rules. Do not agree to pay more...And don't expect to have to pay more. You won't...

So stay in contact with the woman, even if it is just an email address.... She will need to contact you to sign forms like for a passport for the child.... And if you ever want to meet the child, or the child wants to meet you, there will be an avenue to make that happen