Donate Child Support Calculator
Skip navigation

CSA changes in 2007 - 2008

Regarding spouses who choose to relocate and therefore reduce access and raise child support payments.

In 2008 is there any changes to CSA evaluation regarding spouses who choose to relocate and therefore reduce access and raise child support payments?
Basically no. This is not the responsibility of the CSA. Child support has no relation (at this stage unfortunately) to contact.

This is a matter for the Federal Magistrates who are generally fairly hard on parties relocating. The new Family Law Act is quite clear in this regard and s60cc of the Act is very clear. Last year there was a major study done on relocation and new guidelines were set down. If the spouse is planning to relocate they generally will not be able to under the new Act.


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Would it be possible for the results of the study and the new guidelines or links to them to be posted in here?
What if they already moved and contact with children is limited due to the influence the ex has had on them? My ex moved to Qld 3 years ago, taking two of our 4 children. Both have a real attitude against me and only ring when they demand money. The two with me ring him whenever they want.

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

CSA: Change of Assessment

The CSA website lists ten (10) reasons for change of child support assessment.

None specifically mention travel costs, though this is possibly addressed by Reason 1: "It costs the applicant more than five per cent of their child support income amount to have contact with their children."

CSA: Change of assessment

If either parent believes that the child support assessment is unfair because of special circumstances they can apply for a change of assessment under one of the reasons listed below.

What happens when I apply?

There are a number of ways you may be able to change your child support amount-applying for a change of assessment is just one of them.

How can I change my child support payments?

Reasons for a change of assessment

A parent who wants to apply for a change of assessment must be able to show that at least one of the following 10 reasons applies to them.

Reason six only applies to the parent receiving child care payments. All the other reasons apply to both parents.

Please note: The applicant can choose more than one of the following reasons when they apply for a change of assessment.

- Reasons about the children
- Reasons about a duty to maintain another person or other children
- Reasons about the parents
- Reasons about additional income for resident children

Reasons about the children

Reason 1
It costs the applicant more than five per cent of their child support income amount to have contact with their children.
More about reason 1

Reason 2
It costs the applicant extra to cover the children's special needs.
More about reason 2

Reason 3
It costs the applicant extra to care for, educate or train the children in the way that they and the other parent intended.
More about reason 3

Reason 4
The child support assessment does not take into account the income, earning capacity, property or financial resources of the children.
More about reason 4

Reason 5
The children, the parent receiving child care payments or someone else has received, or will receive, money, goods or property from you for the benefit of the children.
More about reason 5

Reason 6 (parent receiving child care payments only)
If the other parent has sole care of the children, and it costs them more than 5 per cent of their child support income amount for child care, for children younger than 12 years of age at the start of the child support period.
More about reason 6

Reasons about the parents

Reason 7
The applicant has necessary expenses in supporting themselves that affect their ability to support the children.
More about reason 7

Reason 8
The child support assessment does not take into account the income, earning capacity, property or financial resources of one or both parents.
More about reason 8

Reasons about a duty to maintain another person or other children

Reason 9
The applicant has a legal duty to maintain another person or other children not included in the child support assessment, and it costs them:

- more than five per cent of their child support income to have contact with that other person or those children
- extra to cover the special needs of that person or those children
- extra to cover the necessary expenses of that person or those children.
More about reason 9

Reasons about additional income for resident children

Reason 10
The applicant has earned additional income for the benefit of resident children.
More about reason 10

Relocation Report - Family Law Council for Attorney-General

MikeT said
Would it be possible for the results of the study and the new guidelines or links to them to be posted in here?
The report was prepared by the Family Law Council and presented to the Attorney-General.

Australian Government - Attorney-General's Department

Relocation Report


May 2006

The Family Law Council's report on relocation examines the legal and practical issues that arise when parents have separated and the parent with whom a child lives wishes to  move, with the child, from their current home to another place. These cases generally give rise to legal proceedings when the move will have a significant impact on the relationship between the child and the parent with whom the child does not live. The Report notes the absence of a definition of relocation in the Family Law Act 1975 (Family Law Act) and looks at the prevalence of such relocations in Australia. It then examines the impact of relocation on children, parents, and other people such as step siblings and grandparents. The Report discusses the current law on relocation in Australia, and provides a comparative analysis of the law on relocation in other countries. Finally, the Report discusses the case for law reform in this area, and makes recommendations for amendments to the Family Law Act to make specific provision for relocation cases.

Word | PDF

Attachment


Attachment
Hmm - interesting, I wonder if they can or will "force" a parent to relocate back closer to the ex partner for the purpose of shared custody arrangements.

When you are swimming down a creek and an eel bites your cheek, that's a Moray.
Jadzia said
Hmm - interesting, I wonder if they can or will "force" a parent to relocate back closer to the ex partner for the purpose of shared custody arrangements.
I presume you are referring to the Family Courts?

No you cannot force someone to relocate - freedom of movement is a constitutional right which is why the Courts (which are supposed to rule on BIC) have 'problems' with relocation cases.

The more elegant solution used is to order the child(ren) back to the original State (and Parent) and give the 'move away' parent 'time with' which is dependent on where they reside. In other words if you stay interstate that's your personal business - but if you move back 'voluntarily' you will probably go back to the original orders.

There are a few judgments on this site that reflect these types of decisions.

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

That's good advice, to cover all your bases about what you can offer, when proposing orders.

I disagree though, with the Dad losing the case, I think the children are the ones who lost.

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. 
LifeInsight said
Regarding relocation - I read a judgement recently where the mother was wanting to move interstate with kids. Both parents had roughly 50/50 care at the time.

Although the Father was opposing the mother's application, he was not very specific about what he wanted and the judge was surprised that he did not indicate that he would be prepared to take the kids on full time as the mother was wanting to move away.

As a result the Judge allowed the mother to take the kids away and gave the father all school holidays at mother's expense for travel. The Father lost the case.
Unfortunately it's a common mistake 'not being specific' in either an application or in the Courtroom.

In 'one' of our small group presentations  we liken this to an interview with the Boss which most people can relate to.

"I want a pay rise".
Boss "OK I will give you a $1 a year extra.

"I want an extra $100,000 per year".
Boss "Let me consider it".
Of course the boss probably considers you are slightly crazy and will adopt a negative attitude to you.

"I want an extra $20,000 a year and here are the reasons it is justified".
Boss "I can let you have $15,000".

The third example is a tactic often played in the Courts - ask for a 'little' too much and you may get a result that you can live with.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
1 guest and 0 members have just viewed this.

Recent Tweets