Donate Child Support Calculator
Skip navigation

Is new partners income used to calculate child support?

Hi,

I currently am paying child support for my eldest child who lives with my ex husband. If I remarry (staying on the same income I am on now) will the assessment then change to include my new partners income, in effect making my new partner pay support for my child?

Thanks
 

When you are swimming down a creek and an eel bites your cheek, that's a Moray.

Child support

The simple answer is no.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Uhhm, isn't the real answer more factually that it shouldn't be? It would appear that the income of a new partner has at times been used, especially if the new partner runs a business?
Thanks
 

When you are swimming down a creek and an eel bites your cheek, that's a Moray.
Jadzia said
I currently am paying child support for my eldest child who lives with my ex husband. If I remarry (staying on the same income I am on now) will the assessment then change to include my new partners income, in effect making my new partner pay support for my child?
Both monteverdi and MikeT are correct: the answer is "NO" and "It shouldn't be" BUT…

My understanding is that the CSA have no legislative right to require such information about and from your partner/husband.

However, the CSA may ask you and you might innocently provide them with information, thinking that they're the government and they know what they are doing and they have a right to ask for such information.  IF you do give them that information the CSA may then use it in calculating how much you might be able to pay, given that your partner/husband is able to subsidise you.  So the CSA is not taking money directly from your partner/husband but they are, effectively, getting him to subsidise your payments.

I don't believe the CSA has the legislative authority to ask for or demand partner financial details (or even if you have a partner - not too sure on this) but there is nothing to stop them asking for it and IF you voluntarily provide details and information there is little stopping the CSA in using the information supplied (unless you are able to successfully argue that the Privacy Act does not allow it.  Better NOT to provide it in the first place.

The suggested manner to handle any requests from the CSA for information about your partner's/husband's affairs/income is to invoke the Privacy Act: his details are not part of your previous relationship nor your child support 'obligation' and so should remain private.  Additionally, never believe the CSA's authority to ask for or demand anything: always ask for the Act and Regulation that empowers them to request the information.  Beware the CSA's own "Manual", which they may claim as some sort of authority, but in reality is an internal CSA document that may not have the authority nor force of law (legislation and regulations).

Read up on, and become familiar with, both the Privacy Act 1988 (and the Privacy Amendment Act 2004) and the two Child Support Acts - Assessment Act 1989 and the Registration and Collection Act 1988 and associated Regulations.  You can find these at Austlii http://www.austlii.edu.au/ or ComLaw http://www.comlaw.gov.au/ - use the simple search engine at ComLaw and enter "Privacy Act" and "Child Support" respectively.

While looking at child support, also have a look at the Child Support Legislation Amendment (Reform of the Child Support Scheme - Initial Measure) Act 2006 and the Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006.

Some advise that it is best to only communicate with the CSA in writing, and to not to give them your phone details.  Or you street address.  Just a PO Box where they can write to you.  If the CSA have to put their requests in writing they are a LOT more careful about what they ask for - because they know there is then evidence they sought it.  The CSA does much of its nefarious work over the phone and otherwise verbally.

One possible drawback, of only getting things in writing, is that the CSA may (and has for some) refuse to write and just unilaterally act and then tell you afterwards, when you complain, that they would have informed you but they didn't have your telephone number.  (Anyone contemplating this path would be wise to check up on what are the legal requirements for CSA communication to 'clients'.)  So don't make a big fuss about this, instead change your phone number (if possible) or tell them the numbers have changed and that you've moved and here's your PO Box number, etc.)

If anyone knows that the above information is incorrect please speak up.
I found this link which states…

http://www.facsia.gov.au/internet/facsinternet.nsf/family/childsupport_qna.htm

3. Will the full family income (ie including income of new partners) of parents be used in setting child support assessments?

The principles adopted by the Taskforce in proposing the new Scheme are covered extensively in their report "In the Best Interests of the Children". Amongst those retained from the existing Scheme is the principle that the biological (or adoptive) parents are responsible for the support of their children. The income of later partners will not be taken into account in setting the child support assessment of the parents. (The report is by no means silent on blended families - A number of recommendations will be adopted in relation to parents' support of their stepchildren).

When you are swimming down a creek and an eel bites your cheek, that's a Moray.

New partner runs a business

IF your new partner runs a business, it makes no difference - their pay does not count. However if you work for the new business (income splitting for tax reasons) then your pay (really theirs) comes in to it.

The CSA are VERY sneaky - they will try it on in regards to obtaining info from you, even if they wanted to wish you a merry Christmas over the phone, I would still ask for it writing and put the phone down.

Wesolych Swiat

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Makes you wonder why anyone would get into a new relationship!

Thanks for the replies everyone

When you are swimming down a creek and an eel bites your cheek, that's a Moray.

What's good for the goose is good for the gander

Both the CSA and the payee parent strongly assert that HER (typically, but his in your case) new partner's income IS NOT up for consideration and in no way will reduce HIS (typically, but her in your case) 'child support' payments.

Accordingly, what is good for the goose should be good for the gander.  But as outlined above, the CSA may try it on and get a new partner to subsidise payments by the paying parent.
monteverdi said

Wesolych Swiat

What does that mean in English please? Is it Polish or another Kiwi dialect?

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 

Polish language

It is Polish for happy Christmas!

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Firstly may I say that payers are often female as in my case. Secondly, I am not of the view that new partners should support biological children.  That said when an ex partner runs a small business and hides his income in the name of his new partner and pays himself a $15,000 wage whilst living in a $1.8 mill home I believe there should be some avenue for investigation.  Because I am single and contract as an exec I have to pay big $$$$$ and I have 45% care
Yes it is pretty sad when the system is used against itself in order to increase a person's payments, or decrease them. Having satisfactorily found that a new partners income isn't taken into account when you have to pay csa I am also following with interest the posts by others who are currently battling CSA's attempts to trick/force new partners to not only support step children but also PAY an ex csa in a backhanded sort of way.

When you are swimming down a creek and an eel bites your cheek, that's a Moray.
When our oldest daughter was born, my husband approached the CSA for a temporary reduction in payments (two months before and three months after the birth, under Reason 9) and we were told we would have to provide all of my financial details to the CSA and the ex wife. This included who my employer was, how much I earned, how much superannuation I had, the value of our house, our mortgage repayments, what I had in the bank… EVERYTHING.

I freaked out and we just decided it wasn't worth pursuing. I had no paid maternity leave so we just struggled on for a few months.

What I know *now*… well I probably would have taken them on.
1 guest and 0 members have just viewed this.

Recent Tweets