Male Total Average Weekly Earnings and Costs of Children Tables for child support periods beginning in 2014

Overview

The Child Support (Assessment) Act 1989 was enacted to address the need for a fair and consistent system for the assessment of child support payments in Australia. This Act was introduced by the Australian Parliament with the policy objective of ensuring that children receive adequate financial support from both parents, regardless of whether the parents are separated, divorced, or never married. The legislation provides a framework for calculating child support payments based on the income of the parents and the needs of the children. On 6 December 2013, Finn Pratt, Secretary of the Department of Social Services, issued a notice pursuant to Section 155 (2) of the Act, announcing the Male Total Average Weekly Earnings (MTAWE) figures and the Costs of Children Tables applicable for child support periods beginning in calendar year 2014. The MTAWE for 2014 was set at $70,569, reflecting the economic conditions and earnings data for that year, which assists in the accurate calculation of child support liabilities and entitlements.

Scope and Application

The Child Support (Assessment) Act 1989 applies to individuals and entities involved in child support proceedings within Australia, focusing primarily on the calculation of child support obligations for parents and guardians. This Act mandates that the specified Male Total Average Weekly Earnings (MTAWE) figures and the associated Costs of Children Tables are to be used for determining child support liabilities for periods commencing in a given calendar year. The MTAWE figures, as notified by the Secretary of the Department of Social Services, are a critical component in these calculations, and for 2014, the MTAWE figure was set at $70,569. The Act's jurisdiction extends across the Commonwealth of Australia, thereby impacting all states and territories uniformly. While the Act broadly applies to all individuals and entities engaged in child support assessments, certain exclusions or exemptions may exist based on specific legislative provisions or subordinate instruments that may further delineate the scope of application. This notification under Section 155 (2) is pivotal as it provides the requisite figures that must be applied in the assessment of child support obligations for the year 2014.

Key Provisions

The Child Support (Assessment) Act 1989, as notified by Section 155(2), sets forth the Male Total Average Weekly Earnings (MTAWE) figures and the Costs of Children Tables applicable to child support periods starting in 2014. The MTAWE figure for 2014, as stipulated in this notice, is $70,569. This figure is integral for calculating the child support obligations of the paying parent based on their income level. The Costs of Children Tables, which complement the MTAWE figures, provide a structured framework for determining the financial needs of the child. These tables are essential for ensuring that child support assessments are consistent and equitable across different income levels. The Act imposes specific obligations on the parties involved in child support assessments. Primarily, it mandates that the Department of Social Services, through its Secretary, publish updated MTAWE figures and Costs of Children Tables annually. This publication ensures that the calculations for child support remain current and reflective of the economic conditions at the time. Additionally, the Act requires that both parents comply with the child support assessment process. This includes providing accurate income information and adhering to the guidelines set out in the MTAWE figures and Costs of Children Tables. Failure to comply with these requirements can result in legal consequences and may impact the amount of child support that is ultimately determined. Breaches of the Child Support (Assessment) Act 1989 can lead to various civil and criminal consequences. For instance, providing false or misleading information during the child support assessment process can result in civil penalties. Under Section 285 of the Act, an individual found to have wilfully provided false information can face fines of up to $8,800 for individuals or $44,000 for bodies corporate. Furthermore, persistent non-compliance or deliberate evasion of child support obligations may lead to criminal charges. Under Section 302, an individual can be prosecuted and face imprisonment for up to two years for wilfully failing to comply with a child support notice. These penalties underscore the importance of accuracy and honesty in the child support assessment process.