Child Support (Assessment) Act 1989
Notice under subsection 155(2)
I, Kathryn Campbell, 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 2018:
- the annualised MTAWE figure for the quarter ending on 30 June 2017 is $73,606; and
- the Costs of the Children Table, incorporating the annualised MTAWE figure of $73,606 and other amounts in the table worked out using this figure, is the following table headed 2018 Costs of the Children Table.
[signed]
Kathryn Campbell
Secretary
24 November 2017
2018 Costs of the Children Table | | | |
Parents' combined Child Support Income (above the self support amounts)[1] | |
No. of | $0 | $36,804 | $73,607 | $110,410 | $147,213 | Income |
children | to | to | to | to | to | over |
| $36,803[2] | $73,606[3] | $110,409[4] | $147,212[5] | $184,015[6] | $184,015 |
| Costs of children (to be apportioned between parents) | | |
| | Children aged 0 - 12 years | | | |
1 child | | $6,257 | $11,777 | $16,193 | $19,873 | $22,449 |
| 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 | |
| | $36,803 | $73,606 | $110,409 | $147,212 | |
2 children | | $8,833 | $17,298 | $24,659 | $31,284 | $34,964 |
| 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 | |
| | $36,803 | $73,606 | $110,409 | $147,212 | |
3 + children | | $9,937 | $19,506 | $28,707 | $37,540 | $44,165 |
| 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 | |
| | $36,803 | $73,606 | $110,409 | $147,212 | |
| | Children aged 13 + years | | | |
1 child | | $8,465 | $16,562 | $20,978 | $24,658 | $27,970 |
| 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 | |
| | $36,803 | $73,606 | $110,409 | $147,212 | |
2 children | | $10,673 | $20,978 | $30,179 | $37,540 | $42,324 |
| 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 | |
| | $36,803 | $73,606 | $110,409 | $147,212 | |
3 + children | | $11,777 | $23,186 | $34,227 | $44,900 | $52,261 |
| 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 | |
| | $36,803 | $73,606 | $110,409 | $147,212 | |
| | Children of mixed age | | | |
2 children | | $9,753 | $19,138 | $27,419 | $34,412 | $38,644 |
| 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 | |
| | $36,803 | $73,606 | $110,409 | $147,212 | |
3 + children | | $10,857 | $21,346 | $31,467 | $41,220 | $48,213 |
| 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 | |
|
[1] Calculated by adding the two parents’ Child Support Incomes (CSI), that is, adding each parent’s adjusted taxable income (ATI) minus their self support amount (which is 1/3 of MTAWE)
[6] 2.5 times MTAWE. The costs of the children do not increase above this cap.
[INITIALLED/DATED] Kathryn Campbell 24 November 2017
Overview
The Child Support (Assessment) Act 1989 was enacted by the Parliament of Australia to establish a legislative framework for determining and assessing the financial responsibilities of parents towards their children's support. This legislation aims to ensure that child support arrangements are fair, consistent, and based on the parents' ability to pay, addressing the need for a structured approach to child support. The Act was designed to provide a systematic method for calculating the amount of child support payable, taking into account various factors such as income levels and the number of children involved. The policy objective behind this legislation is to support the financial well-being of children by ensuring that both parents contribute appropriately to their upbringing, regardless of their living arrangements.
Scope and Application
The Child Support (Assessment) Act 1989 applies to parents who are required to pay child support for their children under the Child Support (Assessment) Act 1989. This includes natural parents and those who have parental responsibility for a child. The Act applies to all parents regardless of their income level, employment status, or geographic location within Australia. The application of the Act is not limited to specific industries or transactions, but rather encompasses all parents who are liable for child support payments. The Act is a Commonwealth Act, and therefore applies nationally across Australia. The Act includes provisions that may be further defined or extended through subordinate instruments, such as regulations or guidelines, which provide additional detail on the assessment and calculation of child support payments. However, the primary legislation itself sets out the core principles and obligations for parents who are required to pay child support.
The Act does not explicitly state any exclusions, exemptions, or thresholds within the notice itself, but it is understood that certain thresholds and exemptions apply under the broader child support regime. For example, there are specific income levels at which the child support liability may be reduced or cease entirely, as well as provisions for self-support amounts which reduce the income subject to child support calculations. These details are typically found in other parts of the child support legislation or in the associated regulations. The notice provided updates the annualised Minimum Total Assessable Weekly Earnings (MTAWE) figure and the Costs of the Children Table for the year 2018, which are used in the calculation of child support liabilities.
Key Provisions
The Child Support (Assessment) Act 1989 contains several key provisions that determine how child support is assessed and calculated in Australia. Section 155(2) of the Act requires the Secretary of the Department of Social Services to publish an annualised MTAWE (Minimum Total Annual Wage Entitlement) figure for each quarter. For all child support periods starting in 2018, the annualised MTAWE figure for the quarter ending on 30 June 2017 is specified as $73,606. This figure is used to calculate the Costs of the Children Table, which provides the costs of children to be apportioned between parents based on their combined child support income.
The Act imposes specific obligations on the parties involved in child support assessments. Section 155(2) mandates the Secretary to publish the MTAWE figure and the Costs of the Children Table. This ensures that parents have a clear understanding of how child support amounts are determined. The table provides detailed calculations for the costs of children, broken down by the number of children and their ages, and the combined child support income of the parents. This information is crucial for parents to accurately determine their child support obligations.
Failure to comply with the requirements of the Child Support (Assessment) Act 1989 can lead to various consequences. The Act does not explicitly detail offences or penalties in the provided text, but generally, breaches of child support obligations can result in legal action. This may include enforcement actions by the Child Support Agency to recover unpaid child support, which can lead to court proceedings. While the specific penalties are not outlined in the text, it is known that significant breaches can lead to fines or even imprisonment, depending on the severity and intent of the breach. These penalties are intended to ensure compliance and the fair treatment of children in child support matters.