Child Support (Assessment) Act 1989
Child Support (Assessment) (Annualised Male Total Average Weekly Earnings Figure and Costs of the Children Table) Notice 2021
I, Ray Griggs, 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 2022:
- the annualised MTAWE figure for the quarter ending on 30 June 2021 is $81,188; and
- the Costs of the Children Table, incorporating the annualised MTAWE figure of $81,188 and other amounts in the table worked out using this figure, is the following table headed 2022 Costs of the Children Table.
Ray Griggs
Secretary
22 November 2021
2022 Costs of the Children Table | | | |
Parents' combined Child Support Income (above the self support amounts) [1] |
No. of | $0 | $40,595 | $81,189 | $121,783 | $162,377 | Income |
children | to | to | to | to | to | over |
| $40,594[2] | $81,188[3] | $121,782[4] | $162,376[5] | $202,970[6] | $202,9706 |
Costs of children (to be apportioned between parents) |
Children aged 0 - 12 years | | | | |
1 child | | $6,901 | $12,990 | $17,861 | $21,920 | $24,762 |
| 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 | |
| | $40,594 | $81,188 | $121,782 | $162,376 | |
2 children | | $9,743 | $19,080 | $27,199 | $34,506 | $38,565 |
| 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 | |
| | $40,594 | $81,188 | $121,782 | $162,376 | |
3 + children | | $10,960 | $21,514 | $31,663 | $41,406 | $48,713 |
| 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 | |
| | $40,594 | $81,188 | $121,782 | $162,376 | |
Children aged 13 + years | | | | |
1 child | | $9,337 | $18,268 | $23,139 | $27,198 | $30,851 |
| 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 | |
| | $40,594 | $81,188 | $121,782 | $162,376 | |
2 children | | $11,772 | $23,138 | $33,287 | $41,406 | $46,683 |
| 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 | |
| | $40,594 | $81,188 | $121,782 | $162,376 | |
3 + children | | $12,990 | $25,574 | $37,752 | $49,524 | $57,643 |
| 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 | |
| | $40,594 | $81,188 | $121,782 | $162,376 | |
Children of mixed age | | | | |
2 children | | $10,757 | $21,108 | $30,242 | $37,955 | $42,623 |
| 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 | |
| | $40,594 | $81,188 | $121,782 | $162,376 | |
3 + children | | $11,975 | $23,544 | $34,707 | $45,464 | $53,177 |
| 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 | |
| | $40,594 | $81,188 | $121,782 | $162,376 | |
|
[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.
Note: The name of this document was amended on registration as the document as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
This Gazette was replaced on 15 December 2021 to correct the making date.
Overview
The Child Support (Assessment) Act 1989, enacted by the Parliament of Australia, was introduced to establish a framework for the assessment of child support obligations, ensuring that children receive adequate financial support from both parents post-separation or divorce. The Act aims to promote the financial responsibility of both parents towards their children, thereby addressing the problem of child poverty and ensuring equitable support. In line with this policy objective, the Child Support (Assessment) (Annualised Male Total Average Weekly Earnings Figure and Costs of the Children Table) Notice 2021, issued under the authority of the Secretary of the Department of Social Services, updates the relevant financial figures and tables to reflect current economic conditions, ensuring that the child support assessments remain fair and reflective of current earnings and living costs. This notice sets out the annualised Male Total Average Weekly Earnings (MTAWE) figure and the Costs of the Children Table for use in child support calculations from 2022.
Scope and Application
The Child Support (Assessment) Act 1989 applies to parents, guardians, and other relevant individuals responsible for providing child support in Australia. This Act is a Commonwealth legislation, meaning it extends across the entire nation, covering all states and territories. The Act is concerned with the assessment and calculation of child support obligations, ensuring that financial contributions towards a child's upbringing are determined in a fair and systematic manner. The Notice 2021, issued under the authority of the Act, updates the annualised Male Total Average Weekly Earnings (MTAWE) figure and the Costs of the Children Table for the year 2022. This notice is instrumental in adjusting the financial benchmarks used in the calculation of child support payments, ensuring they reflect the current economic conditions. The MTAWE figure for the quarter ending on 30 June 2021 is set at $81,188, and this figure, along with other related amounts, is incorporated into the Costs of the Children Table, which is used to determine the proportion of child-related expenses each parent should contribute. The notice includes various thresholds and rates for different numbers of children and their respective ages, ensuring that the financial burden is apportioned based on the parents' combined incomes and the costs associated with raising children.
Key Provisions
The Child Support (Assessment) (Annualised Male Total Average Weekly Earnings Figure and Costs of the Children Table) Notice 2021, issued under subsection 155(2) of the Child Support (Assessment) Act 1989, establishes specific figures and tables that are applicable for child support assessments beginning in 2022. This notice specifies an annualised Male Total Average Weekly Earnings (MTAWE) figure of $81,188 for the quarter ending 30 June 2021 and provides a detailed Costs of the Children Table, which incorporates this MTAWE figure and other calculated amounts for various family and income scenarios.
The notice sets out the annualised MTAWE figure and details the costs associated with different numbers of children and various income brackets. These figures are essential for calculating child support payments and obligations under the Act. The MTAWE figure serves as a baseline for determining the financial capacity of parents to contribute to the support of their children, while the Costs of the Children Table provides a framework for calculating the specific amounts owed based on the number of children and the combined income of the parents.
Under the Child Support (Assessment) Act 1989, parties and entities governed by the Act must adhere to the specified MTAWE figure and the Costs of the Children Table for calculating child support assessments. Parents are required to report their incomes accurately and in accordance with the provisions of the Act. This includes correctly calculating their Child Support Income by subtracting their self-support amount from their adjusted taxable income. The Act mandates that child support payments be proportionate to the parents' incomes and the number of children involved.
Failure to comply with the provisions of the Child Support (Assessment) Act 1989 or the requirements set out in the notice can result in legal consequences. The Act does not specify particular offences or penalties in the notice itself, but non-compliance with child support obligations can lead to enforcement actions by the Department of Social Services. These actions may include the recovery of unpaid support through deductions from wages, Centrelink payments, or other income sources. Additionally, severe or persistent non-compliance may result in legal proceedings, which can lead to fines, imprisonment, or other penalties as determined by the relevant courts. The specific penalties for non-compliance are governed by other sections of the Act and related legislation, which may impose fines and other sanctions for breaches of child support obligations.