Fathers' Rights Child Support: What Fathers Need To Know Now

You may wonder yourself if there are fathers' rights on child support matters in Australia? Yes. Child support is financial aid for children that parents, or both parents, should provide. Yes, even the Family Law Act 1975 states that parents have the legal and ongoing financial obligation to support their child.

We would like to state that this article does not necessarily support fathers' rights on child support matters. Fathers have as many rights as mothers when it comes to family law matters. No gender is above the other. We only intend to write this article for fathers who feel lost or have had an unfair child support assessment.

What Should Be Included in Child Support Payments?

Parents may fight over child support matters because they may not know what to include in child support payments. When discussing fathers' rights on child support matters, it's important to talk about the wants and needs of a child, such as:

Clothing
Education
Housing
Food
Transport
Healthcare

Sometimes, some children may also want some other things beyond their needs. While parents can provide these, they don't necessarily have to add them to their child support list. These may include:

Expensive shoes or designer clothes
Toys
Gadgets or gaming consoles
Extracurricular activities

While some of these are necessary for a child's enjoyment and to develop hobbies, basic needs still outweigh wants. That is why basic needs are always a primary consideration when paying for child support.

Child Support After 18

Yes, there are times when children still need financial aid even after they turn 18. This is called child maintenance. Parents pay child maintenance if their children have physical or mental disabilities.

Another reason for paying child maintenance is when their adult child needs to finish college, vocational courses, or relevant training. Parents have the duty to pay child support and child maintenance even after divorce or separation. Regardless of the type of financial aid given to children, some parents end up in disputes like:

The other parent is not paying enough child support payments
The other parent is losing his/her job and refusing to look for one immediately
Their children's needs and wants
Significant changes to their child's circumstances
A parent having another secondary source of income and not telling the other
The other parent refuses to pay child maintenance
The other parent is relying too much on debts and family support

All of these instances may escalate to legal matters if parents continue to have disagreements. That's why some people may ask themselves if there are fathers' rights in child support matters. Both parents do have the right to consult with child support lawyers. For fathers, this might be a little too expensive

However, extreme cases will require the help of such lawyers.

Fathers' Rights Child Support: Child Support Assessment

Anyone, including fathers, may experience an unfair child support assessment. Parents have two options for managing child support payments, namely self-managed assessments and child support assessments. Self-managed child support involves two parents who agree to child support payments.

Basically, it's an informal agreement, but it can work well as long as parents continue to agree with:

How much each parent will pay
When will each parent pay
How will each parent pay

On the other hand, child support assessment is a process that Services Australia handles for separated couples. The Child Support Agency (CSA) is a part of Services Australia that dictates the assessment for parents. When discussing fathers' rights on child support assessments, it is important to note that the CSA:

Determines each parent's income and combines it
Calculates each parent's income percentage, percentage of care, and the parent's cost percentage
Calculates each parent's child support percentage. This involves subtracting the cost percentage from the income percentage for each parent.

Read: Child Support Rate: Helping You Calculate | JB Solicitors

Fathers' Rights Child Support: Contesting and Changing an Assessment

Can fathers contest Services Australia's child support assessment? Yes. Fathers have the right to contest a child support assessment if they believe that the assessment is unfair. However, they must do so within 28 days of an assessment. Once the application is lodged, a CSA officer will review the:

Significant costs of spending time or communicating with the child
Significant costs of the child's disabilities or diseases
Essential costs of the care, education, and training of a child in the way that parents intended
Alleged unfair assessment due to the child's or parent's income, earning capacity, and/or financial resources
Alleged unfair assessment due to a paying parent transferring property and goods to the receiving parent, to the child, or a third party. Third parties can also receive child support payments or non-payments, like property transfers on behalf of a receiving parent.
Parents' necessary expenses that could have reduced their capacity to pay child support
Duty of the paying parent to maintain another child, person, or dependent and their necessary expenses and needs.

So, Can Fathers Apply for a Reassessment?

Yes, this is basic fathers' rights on child support matters. So, they can apply for a reassessment if:

The assessment did not reflect the ability of the father to pay child support
It is expensive for the father to plan parent-child visits. For example, the father does not have enough funds if the child is in another state or country.
The child will undergo immediate medical care, like surgery or an operation
The father previously agreed with the mother that the child would attend a private school or attend extracurricular activities

Private Agreements on Child Support

As parents, we value our obligations and rights regarding how to reach a fair child support payment with our ex-spouse. So, we've prepared information below that outlines child support agreements.

1. Binding Child Support Agreement

A binding child support agreement sets out strict legal terms and conditions, but it will offer flexibility for parents. But how does this agreement offer flexibility? This agreement basically allows child payments either through a lump sum or property transfers.

Parents use property transfers if they cannot give monetary assistance. For instance, a parent "gifts" his/her real estate to the child for child support purposes. Fathers should seek legal advice from a family lawyer since this agreement has legal terms and conditions.

2. Limited Child Support Agreement

A limited child support agreement is another type of private agreement when discussing fathers' rights and child support. In contrast to a binding child support agreement, this agreement won't necessarily require legal advice. Why? Limited child support agreements are suited for shorter time frames and amicable separation.

While this is a good option for non-disputed parents, it's still highly advisable to seek legal advice.

Father's Rights on Child Custody Laws

Beyond child support payments, ex-spouses also end up having disputes with parenting arrangements. As a father, you may feel nervous or anxious. There is a common misconception that primary custody cases always favour the mother. However, we urge you to steer clear from this and focus on what matters.

What matters right now is not to act like a father but as a parent. In family law matters, the child's best interests are above a parent's. Section 60CC of the Family Law Act states that children should:

Have the right to have a meaningful relationship with their parents, grandparents, relatives, and other significant people in their lives.
Be protected from physical or psychological harm (domestic or family violence)

Following these two primary considerations can help contribute to the child's safety. So, a parent's rights will come second in parenting disputes. What parents will need to focus more on is how they can develop an environment that will improve their child's growth and well-being.

Parental Responsibility

Parental responsibility is a type of responsibility that enables a person to make long-term decisions for their children. This responsibility is the closest thing that parents can get aside from child custody. With a child's best interests as a primary factor for parenting arrangements, courts will urge divorced couples to equally share parental responsibility.

We Can Help Fathers Gain a Fair Child Support Assessment

Fathers should not immediately contest or change child support assessments without legal advice. Doing this may only cause more problems for fathers, especially if there are already agreements in place. As a father, you may also wonder how you can exercise your rights in another way in parenting matters.

What some fathers don't realise is their right to seek legal advice from family lawyers! We at JB Solicitors are experienced in family law matters, like child support matters. We understand that fathers only want just and equitable payments during child support assessments. So, let us help you:

Aid fathers in drafting legally binding agreements that cater to their circumstances
Gather documents and affidavits necessary to contest or change child support assessments
Discuss with fathers if child maintenance is necessary
Agree on child custody matters with your ex-spouse
Understand how equal shared parental responsibility can help their children's lives
Provide mediation and arbitration in for disputed parties involved.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.