CHILD SUPPORT ANALYTICAL CALCULATOR [Both Formulae]
Sample Reports
The Flyer
Magill Case
Family Relationship Centres Portal
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Child support has become a world wide institution over the last 20 years or so, and in Australia the issues have recently come back into focus with a June 2005 Report recommending a fairly dramatic revision of the CSA formula operating since 1989. This site provides the user with a comparison of the "old" and "new" formulas, not only for the current situation but also as projected until the youngest child reaches 18 years. Additionally figures are provided for the "proper" solution [DEPARTURE] based upon that used by a court, according to case law and cost of children surveys.
Here is an extract from a typical result [see Sample Reports for details], showing a HUGE reduction of some $170,000 for the new [GREEN] over the old [RED] formula, so please try your own Report
So this site provides answers for all those involved in this complex mix, be they payers/payees looking at their own situation or those in government wishing to look at typical scenarios. So please either use the menus above to understand the solutions on offer or simply input your details for analysis and report. The Input Form will send an email to us with your data
There is a charge of $26 for this service. Please click the button, make your payment and you will be taken to the Input Form [we just completed FREE Report #1090 without any support from the government, and therefore we have been forced to charge a fee or terminate the service]
If the government accepts Terms such as "Family Relationship Centres Portal" above, it would be hoped that you could access our service free of charge, so if you consider that you should not be expected to pay $26 [when such a service was MEANT to be provided by the government] then TELL your Federal MP [and please send us a copy].
OTHER HELP
If you have a problem in child support which goes beyond simply understanding the FORMULA options, by all means EMAIL us to see if we can be of further assistance.
The legislation has always allowed payers to DEPART [ie DOWN] from the formula [see Gyselman] and the "instructions" are in s 117(4), which says essentially We provide that answer via the DEPARTURE [BLUE Columns] in your Report. As you will have read in the Professor Parkinson Report, the new formula attempts to do EXACTLY what s 117(4) has ALWAYS said, so it is no accident that for the majority of the thousand Reports we have processed to date that the BLUE and GREEN columns closely track each other AND are vastly less than the RED.
That gives you additional EVIDENCE, to include in your affidavit in support of an application to a court to DEPART from the formula NOW. For more assistance, by all means EMAIL us [or simply read Part 7 of the CSAAct].
The Child Support Scheme was introduced in 1989 via the Child Support (Assessment) Act 1989 , which provided for Administrative Assessment of Child Support to an Administrative Formula under Part 5. The formula was based on the Child Support Income of both parents and the Number of Children. Further aspects of the formula allowed a "credit" for the Exempted Income of the Payer and the Disregarded Income of the Payee as well as recognition for Categories of Care for both parents, based upon any Court Orders in Child Matters in the Family Law Act Part VII under such expressions as Access, Contact, Residence, Custody, Visitation, with further terminology such as Shared Care, Substantial Contact, Resident Parent, Contact Parent, Carer being used.
Part 6 of the act allowed for parents to be able to Consent to a Child Support Agreement, albeit that the Child Support Agency and Centrelink claim [but not supported by the Legislation] that if the Payee is on a Pension, Allowance, Payment or Benefit the Child Support Agreement must be the same as an Administrative Assessment
If a Payer or Payee seeks to Depart from the Formula, Part 7 of the Act provides for an application to a court by a payer or payee, who need to establish a Departure Ground in the Special Circumstances of the Case under s 117 of the Act. If that Threshold Test is satisfied the court then must decide if it is both Just and Equitable and Otherwise Proper to Depart from the Formula.
Part 7 also allows for other Appeals against Assessment, including the making of a declaration that a Mother is not entitled to Child Support because the Payer has convinced the court under the Family Law Act [normally by DNA Parentage Testing] that he is not the father.
Part 6A was introduced in 1992 to give the power to the Child Support Registrar to make a Determination to assist parents considering seeking a Departure from a court. The CSA has "enhanced" Part 6A from "Advisory" to "Executive" whereby a Senior Case Officer makes a Notice of Decision which the CSA claim to have the same power as a court order, and they term this Change of Assessment. They claim that s 75 provides a Head of Power to do so, despite several instances of Obita Dictum by the courts to the contrary. The CSA re-write the provisions of s 117 changing Grounds to Reasons and Just and Equitable to Fair. The process is distinguished by a large number of Deem and Destroy Decisions which can create a Phantom Debt of up to $25,000, from this process in which there are no Rules of Evidence, thus making the process an official Kangaroo Court
This Act, along with the establishment of the CSA itself, was introduced in 1988 as the first part of the Child Support Scheme, whereby Payees for an Order for Child Maintenance made under Part VII or Part VIII [prior to 1987] of the Family Law Act or an Order for Spouse Maintenance made under Part VIII of the Family Law Act could be Registered for Collection by the CSA. In 1989 Child Support Assessments were added to those Registerable Liabilities, but not Child Support Agreements not registered in court [albeit the CSA has illegally collected many such agreements].
Upon the election of the Payee, the Payer of a Liability legally Registered under the Collection Act is required to either pay directly to the CSA or his Employer is required to employ Employer Withholding [aka as Garnishing]. If a payment is not made a Debt to the Commonwealth builds up on the Child Support Register [with Penalty Interest] and as a first recourse the CSA may intercept any monies due to the Payer via his Tax Return.
If a debt remains after the above devices the CSA may ask a court to issue an Enforcement Summons under the Family Law Rules and by this action may recover the debt from the Property of the Payer [albeit that certain items such as cooking stoves etc are excluded under Order 33 and its later versions]
The CSA and Family Law in general is said to be responsible for some three Male Suicides per day and if such an Ex Payer has been COATed or otherwise been Deemed to have a Phantom Debt the CSA employs Legal Aid Solicitors to recover the Phantom Debt from the Estate of the dead Payer.
Using "New Formula" NOW [DEPARTURE]
Child Support and Family Law Notes
Child Support Assessment
The Formula
Child Support Agreement
Departure
Change of Assessment Team [COAT]
Child Support Collection
The Child Support (Registration and Collection) Act 1988
Collection Methods
Enforcement Summons
Enforcement from Suicide Victims
Seal of Non Disapproval
This calculator is not disapproved by The Child Support Agency - they simply dont HAVE one themselves and are not ALLOWED for Political reasons to have one until July 2008, hence they are a little GREEN, but YOU are certainly allowed to use it.