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Childsupport stundent under 18

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My step son is starting uni with 16 years of age!

What happens to childsupport? We are happy to pay whatever we used to pay to bm, to him in rent or for books, if he stays on campus. If he continues to live with his mother, we obviously continue to pay cs to her!

My question is: can they make dh to pay extras over cs? Can they make him pay half of his hecs?

Dh is stil paying his own hecs debt and isn't keen on Paying his sons hecs as soon as he finished with his. Specially we already pay over 1600 in cs and airfares to bm for both children and are waiting to pay off all the divorce and hecs debt, to be able to have a child together aswell!
BM wants dh to pay half of ss's uni expenses including hecs on top of the child support payments! Can she do a coa for that? Cause we think ss should get a job!
Thanks!
I believe that the CS will be payable until the child is 18. A parent can apply for CS to continue past 18 until the last day of the secondary school year. However, I believe uni is classed as tertiary education, so I believe this wouldn't count.

A parent could apply for a change of assessment in regards to uni fees and there are two possible scenarios. If the education was expected by both parents (probably unlikely) and there is evidence of this, then a reason 3 (2.6.9: Reason 3 - high costs of caring for, educating or training the child in the manner expected by the parents) could apply and some extra CS could be payable (normally this is for private school fees, so I'm not sure).  The second possibility is that an application could be made under reason 2 (2.6.8: Reason 2 - the special needs of the child), which can cover the needs of a gifted child. Here's an extract from the CSA Guide (here's a link to the relevant section of the The CSa Guide - 2.6.8: Reason 2 - the special needs of the child:-

2.6.8: Reason 2 - the special needs of the child said
What are 'special needs'?

There may be a reason for changing an assessment if in the special circumstances of the case, the costs of maintaining a child are significantly affected because of the special needs of the child (section 117(2)(b)(ia)).

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).

A parent can make an application to change the child support assessment if they consider that the cost of meeting the special needs of a child significantly affects the costs of maintaining the child.

The term 'special needs' is not defined in the legislation. There must be some evidence that the needs of the child relate to a condition or disability that is out of the ordinary. These special needs can be because of a physical, mental or learning disability or because of a special talent or ability of the child (Lightfoot v Hampson (1996) FLC 92-663).

Examples

A condition that is distinct from the 'usual' childhood illnesses suffered by a child may be a condition that is 'out of the ordinary'.

A long-term or short-term physical, mental or learning disability may constitute such a condition.

In some cases, needs which arise from such special talents that are likely to lead to particular success or prominence may be considered 'special needs'. Gifted sports people could be considered to have special needs (Blamey and Blamey (1995) FLC 92-554).

A childs special needs will often be a fact accepted by both the payer and payee. However, in cases where there is a dispute, the person who seeks to rely on this reason will need to provide documentation, such as medical evidence, to substantiate their claim. Similarly, CSA will require the party making the application to provide evidence of the net expenditure associated with the special need, unless it is clear that the respondent accepts the other partys claim.

I believe that HECS is a debt that is only enforceably payable when the person with the debt is actually earning an income and that the taxable income is over a certain rate (currently $47,196). I don't believe that the CSA can make you pay any of this. However, a Family court perhaps could, but I suspect that it would not as such a debt is very clearly the debt of the person undertaking the study and that there is a high likelihood that such a person would benefit from the education by being rewarded throughout life with a higher income due to the study under which the debt was incurred. If the CSA do try to add the HECS debt, then you should object to such a decision and if after the objection the CSA still insist on this, you should take the matter to SSAT and if need be to court as I don't believe that the legislation allows for such a cost to be considered as CS.
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