Child Support (Assessment) Act 1989
Child Support (Assessment) (Annualised Male Total Average Weekly Earnings Amount and Costs of the Children Table) Notice 2022
I, Ray Griggs AO CSC, Secretary of the Department of Social Services, give notice under subsection 155(2) of the Child Support (Assessment) Act 1989 that, for all child support periods starting in 2023:
- the annualised MTAWE figure for the quarter ending on 30 June 2022 is $82,524; and
- the Costs of the Children Table, incorporating the annualised MTAWE figure of $82,524 and other amounts in the table worked out using this figure, is the following table headed 2023 Costs of the Children Table.
Ray Griggs AO CSC
Secretary
12 November 2022
2023 Costs of the Children Table | | | |
Parents' combined Child Support Income (above the self support amounts) [1] |
No. of | $0 | $41,263 | $82,525 | $123,787 | $165,049 | Income |
children | to | to | to | to | to | over |
| $41,262[2] | $82,524[3] | $123,786[4] | $165,048[5] | $206,310[6] | $206,3106 |
Costs of children (to be apportioned between parents) |
Children aged 0 - 12 years | | | | |
1 child | | $7,015 | $13,204 | $18,155 | $22,281 | $25,169 |
| 17c for | plus 15c for | plus 12c for | plus 10c for | plus 7c for | |
| each $1 | each $1 over | each $1 over | each $1 over | each $1 over | |
| | $41,262 | $82,524 | $123,786 | $165,048 | |
2 children | | $9,903 | $19,393 | $27,645 | $35,072 | $39,198 |
| 24c for | plus 23c for | plus 20c for | plus 18c for | plus 10c for | |
| each $1 | each $1 over | each $1 over | each $1 over | each $1 over | |
| | $41,262 | $82,524 | $123,786 | $165,048 | |
3 + children | | $11,141 | $21,869 | $32,185 | $42,088 | $49,515 |
| 27c for | plus 26c for | plus 25c for | plus 24c for | plus 18c for | |
| each $1 | each $1 over | each $1 over | each $1 over | each $1 over | |
| | $41,262 | $82,524 | $123,786 | $165,048 | |
Children aged 13 + years | | | | |
1 child | | $9,490 | $18,568 | $23,519 | $27,645 | $31,359 |
| 23c for | plus 22c for | plus 12c for | plus 10c for | plus 9c for | |
| each $1 | each $1 over | each $1 over | each $1 over | each $1 over | |
| | $41,262 | $82,524 | $123,786 | $165,048 | |
2 children | | $11,966 | $23,519 | $33,835 | $42,087 | $47,451 |
| 29c for | plus 28c for | plus 25c for | plus 20c for | plus 13c for | |
| each $1 | each $1 over | each $1 over | each $1 over | each $1 over | |
| | $41,262 | $82,524 | $123,786 | $165,048 | |
3 + children | | $13,204 | $25,995 | $38,374 | $50,340 | $58,592 |
| 32c for | plus 31c for | plus 30c for | plus 29c for | plus 20c for | |
| each $1 | each $1 over | each $1 over | each $1 over | each $1 over | |
| | $41,262 | $82,524 | $123,786 | $165,048 | |
Children of mixed age | | | | |
2 children | | $10,934 | $21,456 | $30,740 | $38,580 | $43,325 |
| 26.5c for | plus 25.5c for | plus 22.5c for | plus 19c for | plus 11.5c for | |
| each $1 | each $1 over | each $1 over | each $1 over | each $1 over | |
| | $41,262 | $82,524 | $123,786 | $165,048 | |
3 + children | | $12,172 | $23,932 | $35,279 | $46,213 | $54,053 |
| 29.5c for | plus 28.5c for | plus 27.5c for | plus 26.5c for | plus 19c for | |
| each $1 | each $1 over | each $1 over | each $1 over | each $1 over | |
| | $41,262 | $82,524 | $123,786 | $165,048 | |
|
[1] Calculated by adding the parents’ Child Support Incomes i.e. each parent’s adjusted taxable income minus their self-support amount (which is 1/3 of MTAWE).
[6] 2.5 times MTAWE. Costs of children do not increase above this cap.
Overview
The Child Support (Assessment) Act 1989 was enacted to establish a framework for the assessment of child support, ensuring that children receive financial support from both parents. The Act aims to provide an equitable distribution of financial responsibility for the care and upbringing of children. The policy objective is to ensure that children receive adequate financial support from both parents, regardless of whether they live with one or both parents. The 2023 Costs of the Children Table, incorporated into the Act through the Child Support (Assessment) (Annualised Male Total Average Weekly Earnings Amount and Costs of the Children Table) Notice 2022, provides updated figures for the annualised Male Total Average Weekly Earnings and the costs associated with the care of children. This notice is given under subsection 155(2) of the Act by Ray Griggs AO CSC, Secretary of the Department of Social Services, to ensure the figures are kept current with economic changes.
The notice specifies that the annualised MTAWE figure for the quarter ending on 30 June 2022 is $82,524. This figure is crucial for calculating the child support amounts payable by parents. The 2023 Costs of the Children Table incorporates this figure and provides detailed calculations for the costs of children, based on the number and ages of the children involved. This table ensures that the child support amounts are proportionate to the financial capacity of the parents and the needs of the children. By updating these figures annually, the Act aims to maintain fairness and accuracy in child support assessments.
Scope and Application
The Child Support (Assessment) Act 1989 applies to parents who are required to make or receive child support payments for their children, including those living in de facto relationships or who have separated. The Act establishes the legal framework for assessing child support obligations, including the calculation of child support income and the determination of the costs of raising children. This Act operates on a Commonwealth level, ensuring consistent application across Australia. The Notice issued under the Act, specifically the Child Support (Assessment) (Annualised Male Total Average Weekly Earnings Amount and Costs of the Children Table) Notice 2022, updates the annualised Male Total Average Weekly Earnings (MTAWE) figure and the Costs of the Children Table for use in child support assessments starting in 2023. These figures are critical in determining the amount of child support payable or receivable. The MTAWE for the quarter ending on 30 June 2022 is set at $82,524, which is used to calculate the costs of children based on the number of children and their ages. The Notice does not explicitly state any exclusions, but it is understood that the application of these figures is subject to the specific provisions and thresholds outlined in the Act. The Act may also be extended or restricted through subordinate instruments, which would provide further detail on the application of the figures in various scenarios.
Key Provisions
The Child Support (Assessment) (Annualised Male Total Average Weekly Earnings Amount and Costs of the Children Table) Notice 2022, issued under subsection 155(2) of the Child Support (Assessment) Act 1989, outlines the annualised Male Total Average Weekly Earnings (MTAWE) figure and the associated Costs of the Children Table for the quarter ending on 30 June 2022. The notice specifies that for all child support periods beginning in 2023, the annualised MTAWE figure is set at $82,524. This figure is crucial for calculating the child support income of parents and subsequently, the costs of the children, which are to be apportioned between parents.
The notice sets out a detailed table which outlines the costs of children based on the number of children and their ages, calculated using the annualised MTAWE figure. For example, the cost for one child aged between 0-12 years is calculated at $7,015 plus 17 cents for each dollar of the parents' combined child support income over $41,262, up to a maximum of $25,169. This methodology applies similarly for other numbers of children and age brackets, with the costs adjusted accordingly.
Under the notice, parents are required to use the provided annualised MTAWE figure and the Costs of the Children Table to calculate their child support obligations. This involves adding their adjusted taxable incomes and subtracting their self-support amounts to determine their child support income. The resulting figure is then used to determine the appropriate costs of the children, which are to be shared between the parents.
Breach of the requirements set out in this notice may not directly incur civil or criminal penalties, as these are generally administrative in nature. However, failure to comply with the calculations and obligations specified in the notice could lead to disputes over child support payments, which might be enforced through the courts. Additionally, any misrepresentation or intentional misapplication of the figures provided in the notice could potentially lead to penalties under related legislation, such as the Social Security Act 1991, where penalties can include fines and imprisonment for serious breaches.