Donate Child Support Calculator
Skip navigation

Changing circumstances

Dependant Children

I have a question about my cousin's situation:

She is planning to get married soon.

This will make her kids with her ex her new husband's dependants, won't it?

Which is a good thing, because I think it will reduce the CS he pays HIS ex.

I'm just wondering, because my cousin was a bit too young to care for the kids; she gave them to her ex to look after. They have 50/50 care now.

Does this mean that (cos her hubby to be has a good income) my cousin's non-working ex will get access to the new hubbies income?

LOL, I'm so confused, I hope I'm making some sort of sense?
NO getting married will not make her children with her x her new husbands dependants in the eyes on the CSA, although she can expect to lose any ftb benifits she was recieving if she did not previously living with her soon to be husband.

Children are not considered dependants to a step parent unless there are exceptional circumstances.

CSA recogniss that there are TWO parents who have responsiblity to have for their own biological children, it is very rarely they stray from rule when they are considering who is dependant. Your cousin will be considered responsible for the cost of her own children and her husband will still have to pay the same child support ammount.   

I think you should consult the CSA website and the CSA guide for more information.

Rarghhhhhhhhhh!!!!!!!!!!!!

Han Solo routine "We're all fine here, thanks. How are you?" *weapons fire* "It was a boring conversation anyway!"
Isn't there a little thing in the C.S.A. that takes the new parents income into consideration when assessing C.S.A. ? Would this mean then that she may have to pay her X child support ??

This may depend on factors such as companies and deemed capacity to earn etc ???

These are simply questions I'm not up on child support but have talked to people who have had problems similar to these.

Reason 10 - New since July 2008

Explanation

There can be a reason for changing an assessment if the capacity of either child support parent to provide financial support for the child(ren) is significantly reduced because he or she has a responsibility to maintain a resident child.

The three threshold requirements are:

1. There are 'special circumstances';

2. The child support parent has the responsibility to maintain a 'resident child'; and

3. the responsibility significantly affects the child support parent's ability to provide financial support for the child of the child support assessment.

The phrase 'special circumstances of the case' is not defined in the Assessment Act. The Family Court has held that 'it is intended to emphasise that the facts of the case must establish something which is special or out of the ordinary' (Gyselman and Gyselman (1992) FLC 92-279).

The Assessment Act defines 'resident child ' at section 117(10).

A 'resident child' of a child support parent is a child who:

  Hi Sylvia, I believe this part of the guide may be of assistance.
It will depend on your cousin's circumstances. I am not sure if it exposes the new partner to CS liability to the former partner.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
D4E said
Isn't there a little thing in the C.S.A. that takes the new parents income into consideration when assessing C.S.A. ? Would this mean then that she may have to pay her X child support ??

This may depend on factors such as companies and deemed capacity to earn etc ???

These are simply questions I'm not up on child support but have talked to people who have had problems similar to these.


  By new parent do you mean the step parent in a new relationship? I went through this same question a couple of years ago and it states on the CSA website that they do NOT take into account new partners income in assessing child support, however I have it anecdotally that they phone the parent and ask questions which lead them to using new partners income and was advised to never tell them anything on the phone.

When you are swimming down a creek and an eel bites your cheek, that's a Moray.
Yes thats what I meant Jadzia strange use of statement for myself considering my core beliefs but many consider new partners as an additional parent though to be honest it was a typo it was suppose to be  " partner ".


My bad sorry.
"I have a question about my cousin's situation:
She is planning to get married soon.
This will make her kids with her ex her new husband's dependants, won't it?"

In working out Family Tax Benefit  the answer is Yes - FTB calculations will be based on you cousin and her new husband's combined income.

"Which is a good thing, because I think it will reduce the CS he pays HIS ex."

The answer here is No, it will not reduce his CS unless he legally adopts your kids. Section 117 (10) as above will only apply after two years and also depends on your ex's situation.

"I'm just wondering, because my cousin was a bit too young to care for the kids; she gave them to her ex to look after. They have 50/50 care now.
Does this mean that (cos her hubby to be has a good income) my cousin's non-working ex will get access to the new hubbies income?"

The answer here is NO - your cousin's income is only looked at for child support purposes.

Hope these answers help.
1 guest and 0 members have just viewed this.

Recent Tweets