What can child maintenance be spent on?

Child maintenance covers the cost of the everyday care of the child, such as food, clothes and housing. Expenses such as school fees do not fall under child maintenance – parents who are getting a divorce can make a “Family Based Arrangement” to deal with costs like this.

What are the new child maintenance rules?

On the basic rate, if youre paying for:one child, youll pay 12% of your gross weekly income.two children, youll pay 16% of your gross weekly income.three or more children, youll pay 19% of your gross weekly income.

Can you buy things instead of paying child maintenance?

Child maintenance usually includes payment of regular amounts of money to the parent who cares for the child most of the time. Child maintenance can also include paying bills or buying items such as clothes and toys, as long as both parents agree.

What is the difference between CSA and CMS?

It is a new service run by the government which has replaced the Child Support Agency (CSA). The CMS is for all new claims for child maintenance and for parents who used to use the CSA and whose cases have been closed.

Do I have to pay child maintenance if its 50 50 custody?

If the day-to-day care of a child is shared equally between the paying parent and the receiving parent the paying parent will not have to pay any child maintenance for that child.

Does a father legally have to pay child maintenance?

The parent who doesnt have the day-to-day care (the paying parent) pays child maintenance to the parent or person who does (the receiving parent). Both parents are legally responsible for the financial costs of bringing up their children, even parents who dont live with their children.

Do I have to pay child maintenance if my ex remarries?

The answer is no. When parents divorce, the absent parent (“paying parent”) is obliged by law to pay child maintenance to the parent caring for the child (“receiving parent”). a change in the number of nights a child regularly stays overnight with the “paying parent”.

Can I pay CSA direct to my child?

Child maintenance can be paid directly between parents or by Collect and Pay through the Child Maintenance Service (CMS). CMS can collect from the paying parents wages, benefits or by Direct Debit. When parents pay or receive child maintenance through Collect and Pay service, they pay a fee each time.

Can I use my super to pay child support debt?

Release of superannuation under financial hardship does not go towards outstanding tax or child support debts (what we would call an offset), as it comes straight from the Fund to your account - where as something like a Tax Return refund would.

Do I pay maintenance with joint custody?

Thats not right as under complicated child maintenance law rules if both parents equally share the care of their children neither parent will pay child maintenance to the other parent. The day to day care provided by each parent has to be evaluated.

Can I refuse to pay child maintenance?

If you started paying maintenance but then realise youre not the childs parent. Youll have to pay until you can prove youre not the childs parent. The CMS will offer you a DNA test. If you refuse to take it, the CMS will treat you as their parent.

Does being married affect child maintenance?

The answer is no. When parents divorce, the absent parent (“paying parent”) is obliged by law to pay child maintenance to the parent caring for the child (“receiving parent”).

Can the CSA check your bank account?

CMS can ask your bank or building society to take child maintenance from your account. CMS doesnt need your agreement to do this or ask a court for permission. The deduction from your account can be: regular payments.

Do I need to declare early release of super?

While you do not need to tell us how you spend the money, you should carefully consider the impact of accessing your super early. We administer the COVID-19 early release of super measure on behalf of all Australians.