Child Support (Assessment) (Annualised Male Total Average Weekly Earnings Amount and Costs of the Children Table) Notice 2025

Overview

The Child Support (Assessment) Act 1989 was enacted by the Australian Parliament to provide a systematic framework for the assessment and collection of child support. The legislation aimed to address the financial responsibility of parents towards their children's welfare and upbringing by ensuring a fair distribution of financial support. The 1989 Act established the Child Support Agency to administer the collection of child support payments and laid down the principles and methods for assessing the financial obligations of parents. In 2025, the Child Support (Assessment) (Annualised Male Total Average Weekly Earnings Amount and Costs of the Children Table) Notice was issued under the authority of the Secretary of the Department of Social Services, Michael Lye. The Notice updated the annualised Male Total Average Weekly Earnings figure and the Costs of the Children Table, which are critical for calculating child support payments for the year 2026. This annual update ensures that the child support assessment remains reflective of the current economic conditions and the cost of raising children.

Scope and Application

The Child Support (Assessment) Act 1989 applies to parents who are required to contribute to the costs of supporting their children under the child support scheme administered by the Australian Government. The Act and its associated regulations and notices are designed to ensure that child support payments are calculated in a fair and consistent manner. The Act applies to both individuals and entities involved in child support assessments, including parents, guardians, and the Australian Government agencies responsible for administering the scheme. Geographically, the Act has a national reach, applying across the Commonwealth of Australia. However, the specific costs of children and annualised male total average weekly earnings figures can vary by jurisdiction and are updated annually through notices like the one issued in 2025. The Act does not explicitly state exclusions or exemptions but may implicitly exclude certain individuals or situations not covered under the child support scheme, such as non-residents or those not subject to Australian jurisdiction. The Act's application is further detailed and extended through subordinate instruments such as notices and regulations, which update figures and guidelines annually.

Key Provisions

The Child Support (Assessment) Act 1989 (the Act) outlines the methodology for assessing child support payments, with key provisions including the determination of the annualised Male Total Average Weekly Earnings (MTAWE) figure and the Costs of the Children Table. The MTAWE figure, which for 2026 is set at $93,137, is used to calculate the child support payments based on the income of the parents. The Costs of the Children Table, which incorporates this MTAWE figure, details the specific costs associated with the number and ages of children involved, and is used to apportion the financial responsibility between the parents. The notice issued under section 155(2) of the Act by the Secretary of the Department of Social Services sets these figures and the costs table for the financial year starting in 2026. Under the Act, the obligations on the parties involved primarily revolve around the accurate reporting of income and other relevant financial information necessary for the assessment of child support payments. Parents are required to provide truthful and complete information regarding their income and other assets, as these figures are critical in determining the amount of child support to be paid or received. Failure to comply with these obligations can result in the reassessment of child support liabilities, potentially leading to additional payments or, conversely, the reduction of support payments if the non-disclosing party's income is higher than initially reported. Breach of the obligations imposed by the Act can result in various civil and criminal consequences. For instance, deliberately providing false information or failing to report income accurately can lead to civil penalties, including the imposition of fines and the requirement to repay any overpaid child support. In more severe cases, such as where the breach is deemed to be wilful or involves significant amounts, criminal charges may be pursued, leading to potential imprisonment. The Act does not specify maximum penalties in the notice itself, but generally, penalties for child support breaches can include fines up to a significant amount and imprisonment for periods ranging from a few months to several years, depending on the severity and intent of the breach.