Child Support (Assessment) (Minimum and Fixed Annual Rates) Notice 2022

Overview

The Child Support (Assessment) (Minimum and Fixed Annual Rates) Notice 2022, enacted by the Child Support Registrar, Rebecca Skinner, pursuant to section 155(1) of the Child Support (Assessment) Act 1989, sets forth the minimum and fixed annual rates of child support applicable from the calendar year 2023. This legislative instrument was introduced to address the need for updated financial guidelines that reflect current economic conditions and the cost of living. The primary policy objective of this notice is to ensure that the child support rates remain fair and reflective of the necessary financial obligations for the support of children. The minimum annual rate of child support for 2023 is set at $493, while the annual rate for low-income parents not on income support is $1,632. This notice ensures that the child support framework is updated in accordance with legislative requirements and supports the overarching aim of the Child Support (Assessment) Act 1989 to provide adequate financial support for children from separated or divorced families.

Scope and Application

The Child Support (Assessment) (Minimum and Fixed Annual Rates) Notice 2022 applies to all child support periods beginning in the calendar year 2023, impacting the calculation of child support payments for that year. The notice sets out the minimum annual rate of child support, which is $493, and specifies the annual rate for low-income parents not on income support, which is $1,632. This notice operates under the authority granted by section 155(1) of the Child Support (Assessment) Act 1989 and is applicable nationally across Australia, governing the rates for child support payments regardless of the state or territory in which the parents reside. The notice does not contain any exclusions, exemptions, or thresholds within its immediate text, but it is part of a broader legislative framework that may include such provisions in other sections of the Act or in subordinate instruments. The notice is signed by the Child Support Registrar, Rebecca Skinner, and was issued on 21 November 2022, effective for the specified rates in the forthcoming year.

Key Provisions

The Child Support (Assessment) (Minimum and Fixed Annual Rates) Notice 2022 specifies the rates of child support for the calendar year 2023, under the authority granted by section 155(1) of the Child Support (Assessment) Act 1989. The notice sets the minimum annual rate of child support at $493 for all child support periods beginning in 2023 (clause (a)). Additionally, it establishes that the fixed annual rate of child support for low-income parents not on income support, as outlined in subsection 65A(2) of the Child Support (Assessment) Act 1989, is set at $1,632 for the same period (clause (b)). The Act imposes obligations on parents to provide child support in accordance with these rates. Parents are required to ensure that child support payments are made based on the specified rates for the relevant child support periods. This includes both the minimum rate and any fixed rates applicable under the Act. The obligation extends to all parents who have a responsibility for the financial support of a child, regardless of their income level or other circumstances. Failure to comply with the obligations to provide child support as set out in the Act may result in various consequences. While the notice does not explicitly detail the specific offences, penalties, or consequences for non-compliance, under the Child Support (Assessment) Act 1989, breaches of child support obligations can lead to enforcement actions. These may include the imposition of financial penalties, garnishment of wages, and potentially legal proceedings to recover unpaid child support. The maximum penalties for non-compliance, as stipulated in the Act, can include substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and extent of the non-compliance.