Donate Child Support Calculator
Skip navigation

Centrelink payment cuts and increased child support

Add Topic
My partner is currently paying child support for 3 children. His ex has never worked and her children are all now at school. If she receives a reduction in her centrelink payments because she is making no effort to work does this mean that my partner will have to pay more in child support because her 'income' has decreased?

We are also wanting to dispute paternity now that we have a baby of our own. We have been paying Child Support to this woman for 8 years. Approximately 18 months into paying her doubts surfaced about the real paternity of these children however over the years each time we have sought advice about disputing paternity we have been told we do not have strong grounds to dispute paternity. Is having a young family of our own strong enough grounds as this effects our child too now not just us? All we are seeking is the truth.
I don't think having your own child is in any way relevant.

If your partner was married to his ex or living defacto with her at the crucial times, or has signed the birth certificates, CSA are entitled to presume he is the father unless he proves otherwise. That means he'll need to undertake DNA testing. Not sure about other states but in Qld Legal Aid has a self-help kit, see extract from their website below.  You need both the test results from a reputable provider and THEN you need to seek a court declaration that he's not the father. Also, last time I looked, your partner is unlikely to be refunded any money if he turns out to not be the father as it may disadvantage the children, instead the assessment for that child just stops.

From Legal Aid website:

"How do I prove that I am not the father?

If you think that you may not be the biological father of a child/children for whom you are being assessed to pay child support by the Child Support Agency, you can apply to a court for a declaration/order under Section 107 of the Child Support (Assessment) Act 1989.

However, you will have to prove to the court that you are not the biological father of the child with a DNA testing report. You can get this from a DNA laboratory.

The Child Support Agency will not accept a DNA test report that shows that you are not the father of the child. It will only  end your liability to pay child support if the court makes a Declaration to end it or the mother tells the Agency to end it.

Before starting court action see if you can work it out with the mother. The mother may agree to undergo parentage testing, especially if you agree to pay for the cost of testing.

Do not delay trying to work this out as there are time limits to these court applications.

If you have to go to court get legal advice first.

Legal Aid Queensland has a kit to help you with this court application."

ERROR: A link was posted here (url) but it appears to be a broken link.
http://www.legalaid.qld.gov.au/Legal+Information/Relationships+and+children/Child+support/Entitlement+to+child+support+and+paternity+testing.htm

With regard to paying more child support, it is very unlikely. Basically each parent's taxable income is taken and then a self support amount is deducted from that, this amount is $18808 for 2009 (18252 for 2008). If the income is below 0 then the amount for the subsequent parts of the calculation, for that parent is 0. So a reduction from Parenting Payment Single (PPS), which is below $18000, to another amount that is below PPS still equates to 0 for the rest of the calculation process.

However your CS payments should have reduced to take consideration of the baby, which is classified as a relevant dependent child. This should have the effect of your partner's income being reduced by the cost of that child as according to the cost of children tables.

e.g. say your partner's taxable income was $55,000 then that would equate to a reduction of the taxable income for the baby of, nearly $6000.

Using the taxable income of $55,000 and assuming the 3 children are all under 8 and the level of care your partner has is below 14%. Before the baby was born, the CS would have been $9693 p.a., with the baby it would have dropped to $8133 p.a. (this assuming the assessment starts in 2009).





 
1 guest and 0 members have just viewed this.

Recent Tweets