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At what age does child support end?

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My ex. has a multi case allowance occuring with our child support case as she has a 17yr old daughter from another relationship. Her daughter has just finished yr 12 and I wanted to understand when does child support cease for her/ when should CSA cease including the multi case allowance?

I'm sure they wouldn't bother to remove it themselves unless it was pointed out to them….
I think this should explain (the most likely answer highlighted in red, note that the continue beyond 18 only applies until the child finishes high school):

The CSA Guide - 2.10.3 said
Definition of child support terminating events

The various 'terminating events' are listed in section 12 of the Assessment Act. CSA must amend or end an assessment to take into account a terminating event (section 74).

Child terminating event

A terminating event happens if the child of the child support assessment:

    * dies;
    * ceases to be an eligible child because the child is in the care of a person under a child welfare law (section 22 and regulation 4);
    * turns 18 (unless CSA has accepted an application for the assessment to continue beyond a childs 18th birthday);
    * is adopted;
    * becomes a member of a couple (living with a person as the partner of that person on a genuine domestic basis or with someone they are legally married to, section 5. A person cannot live with another person on a genuine domestic basis if they are aged under 16 years);
    * is no longer present in Australia, is not an Australian citizen, and is not ordinarily resident in Australia (and is not subject to an international maintenance arrangement); or
    * a second liability is registered for the same parents and child/ren (section 30AA(1) of the Registration and Collection Act).

Eligible carer terminating event

A terminating event happens if a parent or nonparent carer entitled to receive child support dies.

Terminating event in relation to a child

A terminating event happens in relation to a child if they leave the care of all parties to the child support assessment. That is:

    * both parents of the child cease to be eligible carers, i.e. they no longer have at least 35% care; and
    * there is no nonparent entitled to be paid child support in relation to the child (i.e. no nonparent carer who is entitled to child support because of a child support assessment) (section 12(2AA)).

Where a child changes care and a parent or nonparent carer continues to provide at least 35% care, a terminating event has not occurred and the assessment continues. Note that the nonparent carer must have applied for child support  if a child moves into the fulltime care of a nonparent carer who has not applied for child support, there is a terminating event.

Liable parent terminating event

A terminating event happens if a parent liable to pay child support:

    * dies; or
    * ceases to be a resident of Australia (and is not subject to an international maintenance arrangement).

Terminating events in respect of an election to end an assessment; an end date of liability specified in a child support agreement; or reconciliation

In addition, a terminating event happens on a specified day if:

    * a parent or nonparent carer entitled to receive child support makes an election to end an assessment for the child from a specified day (section 151); or
    * CSA has accepted a child support agreement in relation to the child in which the parents and any nonparent carer agreed that the liability to pay child support is to end from a specified day (see Chapter 2.7); or
    * the parents of the child (to whom the child support assessment relates) become members of the same couple for a period of 6 months or more (see Chapter 2.10.1).

Terminating events and International Maintenance Arrangements

If an international maintenance arrangement applies in relation to a case, a terminating event happens when:

    * the parent liable to pay child support was a resident of a reciprocating jurisdiction and s/he ceases to be a resident of a reciprocating jurisdiction or Australia (section 12(3A)); or
    * the reciprocating jurisdiction in which the liable parent resides becomes an excluded jurisdiction (section 12(3B)); or
    * the carer entitled to receive child support was a resident of a reciprocating jurisdiction and s/he ceases to be a resident of a reciprocating jurisdiction or of Australia (section 12(2A)); or
    * both parents cease to be resident in Australia (section 12(4B)).

Note: a child support assessment will not end when the carer ceases to be a resident of Australia or a reciprocating jurisdiction if the child is an Australian citizen, present in Australia or ordinarily resident in Australia. In that situation, no international maintenance arrangement applies in relation to the case and therefore section 12(2A) does not apply.

A child support assessment will end pursuant to the AustraliaNew Zealand Child Support Agreement (see Schedule 1 Child Support (Registration and Collection) Regulations 1988) if the carer entitled to receive child support becomes habitually resident in New Zealand. Under the terms of the Agreement, the date from which the assessment will end is either:

    * where either the carer, the payer or the Central Authority gives a notice in writing that the carer is habitually resident in New Zealand  the day before the receipt by CSA of that written notice (Article 5); or
    * where a New Zealand child support assessment is made in relation to the same parents and child/ren  the day before the start date of the New Zealand assessment (Article 7).
Thanks for the speedy & thorough response Mike!

Do you know under what circumstances would CSA accept an application for the assessment to continue beyond a childs 18th birthday?
A parent or non-parent carer can only apply when the child is 17 (unless there are exceptional circumstances) and if is until the child is in the last year of secondary school. (Note that a court can make orders for other circumstances where CS could continue for a child past 18).

Here's a link to the CSA Guide, which covers this in greater detail and also has a link re court ordered CS/maintenance The CSA Guide - 2.5.5: Application to have an assessment continue past a child's 18th birthday

Oh, and there is anecdotal evidence that the CSA chases recipients to get them to apply.
Mike that would make sense it C$A employees are trying to keep their jobs and get their pay bonuses each year.
MikeT said
there is anecdotal evidence that the CSA chases recipients to get them to apply.
  I can confirm that this is the case…

When school Ceases

If a parent takes her child out of school and he/she is under 18 years of age, do child support payments cease?
And what about home schooling, can child support payments cease on that basis as well??
Whether the child is still attending school or not, being home schooled or not is irrelevant.

The relevant point is the age of the child.

AND if any of the other terminating events as per Mike T's post at # 35777 have occurred.

Children in Queensland, tend to not turn 18 until after they have completed Year 12.

And yes, I too can confirm that C$A chase up the recipients/payees as to whether they wish to pursue C$ after the child turns 18. Not that $30 a month went very far in my case.

Last edit: by Secretary SPCA

What evidence is sufficient to proof the date when the school year will be over for year 12 students? Once application from the payee has been received to extend cs beyond 18th birthday to the end of year 12, will CSA get confirmation from the school when the last day of year 12 is? We are anticipating that our case will be extended after 18th birthday and have been collecting school newsletters with info on year 12 for the past couple of years just in case CSA will get this one wrong again (in their favour, of course).
Babushka,
               here's what the CSA guide says:-

The CSa Guide - 2.5.5: Application to have an assessment continue past a child's 18th birthday said
How CSA will make a decision

CSA must accept the application (section 151C) if:

    the child has turned 17; and
    an assessment (including an assessment based on a child support agreement) is in force, or is likely to be in force, on the day before the child turns 18 or an administrative assessment that takes the child into account is in force, or is likely to be in force, on the day before the child's 18th birthday; and
    the child is likely to be in full-time education on their 18th birthday; and
    the child's 18th birthday will be on or before the last day of the secondary school year; and
    the application was made before the child's 18th birthday (or there are exceptional circumstances justifying a late application).

Full-time secondary education

'Full-time secondary education' means education that is determined by the secondary school at which the child is receiving the education to be full-time secondary education (section 5).

'Secondary school' means a school, TAFE college, or any other educational institution, which provides full-time secondary education (section 5). A secondary school also includes a school that caters for the needs of children with learning difficulties and provides a form of education that is not tertiary education.

Example

A has an intellectual disability and attends a school that specifically caters for children with special learning needs. While the curriculum for As school is different from the curriculum for a child attending a non-special needs secondary school, As school is still regarded as providing a secondary education.

A child may receive a full-time secondary education through distance or online learning provided by a secondary school. Also, a child being home schooled may, in certain circumstances and subject to the relevant state legislation, be receiving a secondary education.
Last day of secondary school for the year

The last day of secondary education is the later of the following:

    if the child is not required to sit an examination, the last day of classes for the school year (as determined by the school); or
    if the child is required to sit an examination, the later of:
        the last day of the period of examinations for the childs year level and
        the last day of classes for the school year (as determined by the school (section 5)).

Example

A attends Smithfield School in Year 12. The last day of classes for Year 12 at Smithfield School is 15 November and the last day of the exam period for year 12 at Smithfield School is 10 December. The assessment should continue until 10 December.

Generally, Australian secondary schools' academic year falls within a calendar year. CSA can continue a child support assessment for a child up to the last day of the school year in which the child turns 18.

Some secondary schools have an academic year that spans two calendar years (e.g. August to May). CSA can continue a child support assessment for a child attending these schools up to the last day of the secondary school year in which the child turns 18.

Examples

A attends Jameson School in Year 12. The school year for Jameson school begins in August and ends in May. A begins his final year of secondary school in August 2011, and turns 18 on 1 September 2011. The assessment should continue until the end of the school year in which A turns 18  i.e. May 2012.

B lives in the UK where the school year ends in June. B turned 18 in March 2011, while in her second-last year of secondary education. B will continue her secondary education after the end of the 2010-11 school year and will finish her secondary education in June 2012.

As B has turned 18 during the secondary school year that ends in June 2011 the assessment can only be extended until June 2011.

The legislation in section 151(c ) doesn't specify what evidence is required. The CSA's interpretation of the legislation (section 150 allowing the registrar to specify the manner) puts the onus on the parent making the application to provide the date, as per:-

The CSA Guide - 2.5.5: Application to have an assessment continue past a child's 18th birthday said
How to make an application

A carer entitled to child support can apply to extend a child support assessment until the last day of the school year if the child will turn 18 during that year and is in full-time secondary education (section 151B).

If the child support assessment is or will be based on a child support agreement on the day before the childs 18th birthday, a carer entitled to child support can apply to have the underlying child support assessment extended until the last day of the school year in which the child will turn 18 (section 151B). The assessment can continue to be based on the agreement if both parents agree. If one parent does not agree to extend the effect of the agreement, the extension to the administrative assessment will be based on a formula calculation.

A parent of a relevant dependent child can apply to have the relevant dependent child taken into account in the calculation of any relevant child support assessment until the last day of the school year in which the child turns 18 (section 151B(1A)).

An application (made orally or in writing) should include:

    the name of the child;
    the name of the school or college;
    whether the child receives full-time secondary education;
    the last day of secondary school for that year; and
    if the application relates to a child support agreement, the application must be in writing and signed by both parents.

The application can be made after the child turns 17 (section 151C(2)(a)) and must be made before the child turns 18 (section 151C(2)(e)).
Thanks, Mike. In essence though, CSA will accept the date the payee puts forward even if it is not correct. Hence, the onus is really on the payer to proof which date the correct one is (last day of exams or last day of classes, whichever is later). I wonder if the school will be forthcoming with this information if phoned. All we can do is hope that they will mention it in the school newsletter. However, we most likely will not know at the time the application for extension comes in.
Has anyone had any experience with this issue?
Babushka said
Thanks, Mike. In essence though, CSA will accept the date the payee puts forward even if it is not correct.
Any reasonable officer would either ask for evidence to be provided on application, that has been published by the educational institute, or if in doubt make enquiries … I would have thought.  O_o  The formula appears to be extremely clear so  again would have thought there could be little problem in determining the completion and or terminating date.

As for anecdotal evidence that applications extend past 18, well if a child is going to another educational institution and has no income support wouldn't it make sense to extend the period? I am not sure what the problem is. If the problem is a payer shouldn't pay any contribution after 18 years of age regardless, then that is a policy issue we will need to take up.

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
 
The form from the CSA's site expects a letter from the school and also requests the phone number.

Please obtain a letter from your childs school advising of the
 last day of the school year and attach it to this form.

The last day of school means the later of:
(a) the day determined by the secondary school to be the last day
of the period of examinations for the childs year level; or
(b) the day determined by the secondary school to be the last day
of classes for the school year.

You have to go and knowingly look for the form as going from the Home Page > to Parents and Carers > and then to When Things Change > and then to Is your child turning 18 and still at school?, implies that the only way is to phone the CSA.

Surely there should be a link to the form and wouldn't it be better for all if the CSA said to use the form instead of phoning?
I would like to know why CSA contacting carers to let them know of their right to seek to extend child support past the 18th birthday of the child is considered a black mark against the CSA.

  

Thank you Guest for that response I will put that up to CSA operational team that looks after the area.

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
 
Eclipse said
I would like to know why CSA contacting carers to let them know of their right to seek to extend child support past the 18th birthday of the child is considered a black mark against the CSA.
 
…because it is very important for a payer to have certainty that the nightmare with CSA will finally be over, at a certain date and not be able to be dragged out seemingly indefinitely.
Personally, I don't think it is an issue that CSA informs parents of their options when it comes to the end of a case.

If CSA decided not to inform payers about some of their options (such as COA, estimates, post separation income, s107 orders, etc), there would be an outcry and rightly so. Is it any different with payees not being informed that they may have an option of an extension?
I can only speak for our case, but CSA never informed us about anything other than putting the info on objection options in our letters. A few years ago it would have come in handy to know about the possibility to make an estimate, which was never offered and we only learned about estimates on this forum here.

Finding this forum has saved us quite a bit of money (and headaches) due to the fact that we were able to acquire knowledge about CSA procedures and options we did not know, which gave us leverage in our dealings with CSA.

CSA benefits from advising payees of their option to extend. That is the one and only reason they pick up the phone.
Burbs said
If CSA decided not to inform payers about some of their options (such as COA, estimates, post separation income, s107 orders, etc), there would be an outcry and rightly so. Is it any different with payees not being informed that they may have an option of an extension?

How would there be an outcry it the people didn't know? I'm not aware of any person being asked and to conform to Eclipse's way, in short, your answer is nonsense or sounds like a conspiracy theory unless you provide the research that reliably shows that the CSA do inform payers of their options and I believe that such research would have to be independent of the CSA. I believe that there are examples on here where they have not been informed. I'd personally like to see the CSA using Cuba along with an easy to add postcode/distance table that then determined the distance between parents and the to run a query on a frequent basis that got the CSA to inform the payer that due to the distance they live away that they might be entitled to claim for travel costs. And as for the question I don't believe the CSA proactively seek to inform/prompt liable parents of their rights by contacting them, again the submission of bona fide reliable unbiased independent research, according to my eyes, is the only way for such research to not be nonsense, as per a summary Eclipse's claims. :)

Another ongoing situation, at least since June of 2010, although I believe longer, where primarily liable parents are not informed of their legislated rights, is with the self employed/business (actually thinking about it in this context this applies to all, but primarily liable parents, departures from administrative assessments). That is liable parents, especially the self-employed/small business owner, should be able to predict what is and isn't a right, CSA wise, business accounting/taxation practice.  I believe Secretary_SPCA will correct me if the date that this was first raised as an urgent need to the CSA through the stakeholders meetings.

Of course to assist in such matters I also believe that liable parents deserve to be better informed of the change of assessment process and that all decisions should be published on austlii, obviously adhering to the the equivalent of section 121 (or even section 121 itself as in reality, with the exception of the interim care decisions, the CSA legislation is a subset of Family Law. *1).

*1 -  Home  >      Individuals  >  Payments  >      Child support (Separated parents - Department of Human Services) said
The CSA works within the wider Australian family law system to provide products, services and referrals to help parents with all aspects of separation.
What benefit would CSA get from informing parents of their rights under the legislation?  Lack of complaints, maybe, although clearly telling one parent something seems to give rise to a complaint by the other.
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