A member asked almost 9 years ago

Child support

Hello, my husband pay child support, self employed, we are wanting to take out a joint loan to buy a property, would this have any effect on his child support payments, i.e. they would increase?


Regards



Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Child support payments are calculated on the basis certain formulas provided in law by the Federal Government. The types of information relevant to understanding your child support obligations/entitlements include: - the income and outgoings (such as tax) of each parents;

  • how many days per week each parents cares for the children;
  • the ages and particular needs of the children.

There are also other complicating factors at play, which may include:

  • ownership of joint property and mortgage obligations;
  • If you have other children through another relationship;
  • Changes in your income during the same financial year.


The tables for working out the costs of children and the costs that the parents meet through care are based on research into what parents spend on children in Australia. Calculation of child support takes into account the above factors, and produces a calculation based on those figures. The formulas which are used to calculate your child support obligations/entitlements are provided for you to see in the Federal Government’s Child Support Guide. This guide is available online at: http://guides.dss.gov.au/child-support-guide. In addition to the guide, you can find a basic online calculator which will allow you to understand your situation a bit better here: https://processing.csa.gov.au/estimator/About.aspx. The online calculator takes basic income and outgoings information, as well as information about who cares for the children at what time, and provide an estimate of child support obligations.


Taking on another financial obligations, such as a loan may affect your child support obligations or entitlements. It is not clear whether by your question you mean:

  • that you and your current partner are going to take out a joint loan, and would like to know if this will affect the child support payments your ex-partner is paying to you; or
  • that you and your ex-partner want to take out a loan together, and would like to know how this will affect the payments your ex-partner pays to you.

In both cases, your income and outgoings may be affected.


Suggested way forward

It is not possible to understand your obligations or entitlements unless your full financial situation is understood. If you and your ex-partner are not likely to agree on the amount that each of you pay, it is important that you speak with a lawyer who can help you understand your obligations and entitlements. By pressing the "Take Action" button through LawAdvisor we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

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