Male Total Average Weekly Earnings and Costs of Children Tables for child support periods beginning in 2015

Overview

The Child Support (Assessment) Act 1989 was enacted to establish a legal framework for the assessment and calculation of child support payments in Australia, aiming to address the problem of ensuring fair and consistent support for children from separated or divorced parents. This Act is a legislative tool under the authority of the Australian Parliament, designed to support the policy objective of providing adequate financial support for children, thus promoting their welfare and reducing the financial burden on government welfare systems. The notification issued under Section 155(2) of this Act informs stakeholders, including the public and relevant government departments, of the updated Male Total Average Weekly Earnings (MTAWE) figure and associated costs of children, ensuring that the calculations for child support payments reflect the most current economic conditions. This continuous updating of figures is essential for maintaining the relevance and fairness of the child support regime in a changing economic environment.

Scope and Application

The Child Support (Assessment) Act 1989 applies to individuals and entities involved in child support arrangements, specifically targeting parents who are required to provide financial support for their children. The Act operates within the Commonwealth jurisdiction, thereby extending its reach across all states and territories of Australia. It regulates the assessment of child support payments by establishing a framework for calculating the amount of support to be paid based on the income of the paying parent, as exemplified by the specified Male Total Average Weekly Earnings (MTAWE) figure for the year 2015. The Act also provides for adjustments through subordinate instruments, ensuring that the MTAWE and associated costs of children tables are updated periodically to reflect changes in the economic environment. This ensures the accuracy and fairness of child support assessments across Australia.

Key Provisions

The main operative sections of the Child Support (Assessment) Act 1989 focus on the determination of the Male Total Average Weekly Earnings (MTAWE) and the application of these figures in calculating child support obligations. Section 155(2) of the Act requires the Secretary of the Department of Social Services to notify the public of the MTAWE figures for the relevant June quarter and the applicable Costs of Children Table (Section 155(2)). For calendar year 2015, the MTAWE figure has been set at $70,829, as specified in the notice issued by Finn Pratt, the Secretary, on 24 October 2014. The Act imposes specific obligations on the parties involved in child support assessments. Primarily, it requires parents to provide information necessary for the calculation of child support, including their incomes and the costs associated with raising children. The Department of Social Services is mandated to use the MTAWE figures and the Costs of Children Table to assess the financial responsibilities of each parent towards their child or children. This ensures that child support amounts are calculated accurately and equitably, reflecting the financial circumstances of both parents. There are no explicit offences, penalties, or consequences detailed in the notice itself, but the broader Child Support (Assessment) Act 1989 does include provisions for such matters. Generally, breaches of the Act, such as failure to disclose income or other relevant information, can lead to civil and criminal consequences. Civil penalties might include fines and orders to pay back any unpaid child support. Criminal penalties can be more severe, involving imprisonment and additional fines, particularly in cases of deliberate misrepresentation of financial circumstances or other forms of fraud. The maximum penalties are set out in the relevant sections of the Act, although they are not specified in the notice provided.