Key Takeaways:
- Typically required until a child turns 18, child support may
extend if they’re still in school, or end sooner if they become
financially independent or marry. - Adjustments to child support can occur due to changes like a
child’s independence or alterations in care arrangements. - Terminating child support involves legal procedures and
potentially court involvement. Ensure all debts are settled and
seek legal advice to navigate the termination process
effectively.
Becoming a parent brings the financial responsibility to support
your child, a duty shared by both parents even if their
relationship ends through divorce or separation. Child support is
the financial aid one parent provides to the other parent for
raising their child together, though not cohabiting. The funds are
intended for child-rearing expenses, though there are no strict
rules on the exact usage of these payments. Parents can either
agree privately on the amount of child support or, in cases of
disagreement, seek an assessment from Services Australia to
determine the obligations.
Typically, child support continues until the child turns 18, but
there are situations where it may end sooner or extend beyond this
age. In this article, our child custody lawyers Sydney offer insights
into the complexities of child support payments and address the
frequently asked question: when do you stop paying child
support?
When does child support officially end?
Child support, in most cases, is required to be paid until the
child turns 18 or if they are still in secondary education, the
child support payments may be required until they finish schooling.
However, while this is generally the case, it’s important to
note that child support is not a static obligation, rather, various
factors can impact the time frame that child support payments are
required, as well as the amount of child support that is required
to be paid.
Changes that can impact child support payments
Besides a child’s age and education, other factors that can
influence whether child support is required or not, include:
- if there is a change in care arrangements, for example, if the
child moves in with the parent who has been paying child support,
the payments could be adjusted or may be ended; - if the child dies or the paying parent passes away;
- if the child marries;
- if the child enters into a de facto relationship;
- if the child receives certain government support payments;
- if the child becomes financially independent, usually through
full time work;
In addition to the above factors, there could also be a private
child support agreement between the parents where certain clauses
or conditions need to be met, which may trigger changes or
cessation to the child support payments. And while in many cases
child support ceases when a child turns 18, it is possible to
extend child support payments when ongoing financial support is
required after the child turns 18. This is known as child
maintenance or adult child maintenance. Child maintenance is
usually only payable when the child is genuinely unable to support
themselves financially, such as in situations where the child is
still in secondary school or if the child has a mental or physical
disability that requires ongoing support.
Do I still have to pay child support if my child drops out of
school?
If a child moves from school to full-time work, child support
obligations may end, as this may be considered as being financially
independent. However, it’s important to note that a child’s
earnings from casual or after-school work, or from insignificant
financial contributions like gifts and pocket money, are typically
not considered when adjusting child support payments.
A child leaving school and starting work before they turn 18
doesn’t automatically stop the child support payment
obligation, but it may be grounds for the parent who is paying
child support to be able to apply to have their child support
assessment reviewed and reassessed. It’s important to
communicate with the child support agency if your child leaves
school and begins full-time employment.
Does child support stop if the child gets a job in
Australia?
Child support payments could potentially end if the child gets a
job. As we touched on above, if the job is casual or an
after-school job, this is likely to not impact the obligation to
pay child support payments. If the child is working full-time or is
considered to be financially independent based on their income
amount, then it is possible that child support payments may no
longer be required.
What about if I give up my parental rights?
In Australia, surrendering your parental rights, which includes
custody and decision-making powers, does not automatically absolve
you from your child support obligations. Despite severing legal
ties between you and your child, the child’s financial security
and right to receive support may still be upheld by the Court.
Termination of child support payments is subject to specific
terminating events as defined by child support laws, not just the
relinquishment of parental rights. This process requires a formal
Court application, and the Court prioritises the child’s
welfare when assessing such cases.
If my child moves out of home, do I have to keep paying child
support?
If your child moves out of home, whether you need to continue
paying child support will depend on several factors. For children
under 18 who are not living with either parent and cannot support
themselves, you may still be obligated to pay child support.
Conversely, if the child is over 18, financially independent, or
not engaged in full-time education, you might be able to cease
payments. It’s crucial to communicate with Services Australia
or consult with a family law professional to understand how your
specific situation affects your child support duties. Adjustments
to child support are not automatic and usually require a formal
assessment or agreement review.
The Process for Ending Child Support Payments
To end child support payments, you’ll need to start by
notifying the Department of Human Services (part of Services
Australia) about any significant life changes, such as your child
reaching the age of 18 or a change in living arrangements. This
notification prompts a reassessment by the department, which then
determines whether and when the child support should conclude.
If your child support is governed by a binding child support
agreement, the termination process requires mutual consent between
both parties. This can be achieved through a termination agreement
that both parties sign or by drafting a new agreement that
supersedes the old one. Maintaining open communication with your
former partner and the child support agency is crucial to ensure a
smooth and agreeable transition.
Additionally, ensure that any arrears or outstanding payments
are fully settled. This step is crucial as unpaid child support can
extend your financial obligations beyond the intended period of
support. Keep detailed records of all communications and decisions
related to ending child support payments. These documents are
invaluable for future reference or in resolving potential disputes.
Should complexities or disputes arise during this process, seeking
legal advice can provide you with the necessary guidance to protect
your interests and comply with legal requirements.
Is there a Statute of limitations on child support?
Yes, there is a statute of limitations on collecting unpaid
child support in Australia. Generally, you have 12 years from the
date a payment was due to initiate legal action to recover unpaid
child support. This is important for both the paying parent and the
receiving parent to note, especially if there have been changes in
circumstances, such as when a child turns 18 or finishes secondary
education.
After this period, enforcing the unpaid child support through
the Court system may no longer be possible. It’s advisable to
seek legal advice or consult with Services Australia for specific
guidance related to your child support arrangement and any
implications for child maintenance. This ensures you are informed
about how family law may affect your financial support obligations
and rights.
#parent #stop #paying #child #support #Family #Law
