In regaurds to child support, When I am declared a parent in court will I just be orderd to pay child support from the court date or can a jusdge order me to back pay further ,the child is now 6 years old ,also how long until they start taking child support from me example a month etc, also how long does the other parent have to make a child support claim with child support agency after the declaration.
VIC Question reguarding child support
- Thread starter Harrysyd
- Start date
Child support won’t be payable until an application for a child support assessment is made with the Child Support agency.
If one has already been made, it will be payable from the date the application was made (even if the declaration of parentage was made after the application for child support was filed).
If one has not yet been made, then it will be payable from the day one is made.
There is no time limit on how long a parent has to file for child support, but as above, it will only be payable from the day the application is made to CSA.
If one has already been made, it will be payable from the date the application was made (even if the declaration of parentage was made after the application for child support was filed).
If one has not yet been made, then it will be payable from the day one is made.
There is no time limit on how long a parent has to file for child support, but as above, it will only be payable from the day the application is made to CSA.
I'm assuming the other parent has already made the application for child support, so it will be back dated from that date.
If I am wrong and they have not made an application then the magistrate can order it start from the time of the decision, but the magistrate can also order it be back dted and I believe they can backdate 3 yrs.
If I am wrong and they have not made an application then the magistrate can order it start from the time of the decision, but the magistrate can also order it be back dted and I believe they can backdate 3 yrs.
In addition to above comments, If your application with the court is solely to do with declaration of parentage, then when that finding is handed down, that will end the courts involvement, UNLESS an application for administrative assessment of child support can not be lodged with CSA for some reason... Section 66(E) of the family law act.
If an application for Child maintenance is before the court, then the courts powers can extend to considering financial and non financial contributions already made by the other parent when deciding either periodic payments, lump sum payments or both, BUT, I repeat, this is only an issue if a normal administrative assessment can not be made with CSA and a child maintenance application is before the court
.
If an application for Child maintenance is before the court, then the courts powers can extend to considering financial and non financial contributions already made by the other parent when deciding either periodic payments, lump sum payments or both, BUT, I repeat, this is only an issue if a normal administrative assessment can not be made with CSA and a child maintenance application is before the court
.
Child support can not be backdated beyond the date that the application is made with CSA because the start date is statutory (ie; the legislation itself defines the date from which child support is payable).
This subject has been covered in detail (including some references to case law) in this thread:
QLD - How Far Back can Child Support be Backdated?
This subject has been covered in detail (including some references to case law) in this thread:
QLD - How Far Back can Child Support be Backdated?
