Information & Support
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Most comprehensive Australian Veteran support linking Network.
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The Av Connect Program makes information available on the understanding that we are not thereby engaged in rendering professional advice. We will make every reasonable effort to maintain current and accurate information. Users should carefully evaluate the accuracy, currency, completeness and relevance of this information for their purposes before relying on the material. Users should always obtain any appropriate professional advice relevant to their particular circumstances.
Child Support & Family Matters
Separation and the Military
There are four primary approaches after separation.
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verbal agreement,
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written parenting plan,
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parenting order by consent,
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court-ordered parenting order.
Family Relationships Australia can assist you through mediation or negotiation. If there is a disagreement or other complexities related to your separation and or Defence posting, you may need to seek intervention from the Family Law Courts, that may include an engagement of a family lawyer, for guidance on decisions regarding your child’s welfare. The Family Law Act 1975 (Cth) governs these matters in Australia.
When you are posting and there is a separation, the courts may consider granting sole parental responsibility or ordering alternative arrangements. Previous court case law may become invaluable to understanding how these judgements are considered in the courts; Wendland [2017] FamCAFC 244 and Osmond [2019] FCCA 1696.
Services Australia - Relationship changes
Services Australia link details how your relationship status can affect your Pension, Income Support, and Benefits. The link assists you with the following information:
Child Support
You can collect your child support in 3 different ways:
1. self management
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you may only be eligible for the base rate of Family Tax Benefit (FTB)
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CSA can’t collect overdue amounts from the paying parent, however;
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if it’s not working out, you can apply for a child support assessment instead.
To receive more than the base rate of FTB Part A, you must take reasonable steps to obtain child support.
2. Private Collect
3. Child Support Collect.
Publications are designed to assist decision makers administering social policy law.
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CSRC Act - Child Support (Registration and Collection) Act 1988
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CSRC Regs - Child Support (Registration and Collection) Regulations 2018
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FA(Admin)Act - A New Tax System (Family Assistance) (Administration) Act 1999
The child support scheme is administered under 2 Acts of Parliament.
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8 Step basic formula for Child Support
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Work out each parent’s child support income.
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Work out the parents’ combined income.
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Work out each parent’s income percentage.
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Work out each parent’s percentage of care.
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Work out each parent’s cost percentage.
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Work out each parent’s child support percentage.
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Work out the costs of children.
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Work out the child support amount.
How income from DVA is assessed
This information details the treatment of DVA payments as income for social security purposes. This matrix and information covers the following matters:
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income treatment of DVA payments
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war widow's or widower's pension multiple entitlement exclusion, and
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DVA MRCA payments.
Child support income components
A parent's child support income is their:
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the self-support amount (2.4.4.20), less
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any relevant dependent child amount (2.4.4.20), less
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any multi-case allowance (2.4.4.20).
Understanding Adjusted Taxable Income (ATI) used for Child Support
Child support assessments are generally based on both parents’ ATI for the last relevant financial year.
A parent's ATI is the total of the following components:
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taxable income for the last relevant year of income (including overseas income if the parent is a resident of a reciprocating jurisdiction)
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reportable fringe benefits total for that year of income
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target foreign income for that year of income
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the parent's total net investment loss for that year of income
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the total of the specified tax-free pensions or benefits received in that year of income, and
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the parent's reportable superannuation contributions.
Tax free pensions or benefits
The following tax-free pensions or benefits are included in the ATI:
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a disability support pension under SSAct Part 2.3 (including any youth disability supplement, if applicable)
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a carer payment under SSAct Part 2.5
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an invalidity service pension under the Veterans' Entitlements Act 1986 Part III Division 4
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a partner service pension under the Veterans' Entitlements Act Part III Division 5
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income support supplement under the Veterans' Entitlements Act Part IIIA
but only the amount that is:
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exempt from income tax, and
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not a bereavement payment, pharmaceutical allowance, RA, language, literacy and numeracy supplement, remote area allowance or tax-exempt pension supplement.
Note: Pensions and benefits are included as income for child support purposes if they are classified as taxable income or if they are specifically listed in the tax-free pensions or benefits section above.
Note: From 1 January 2022, the Defence Force Income Support Allowance under Part VIIAB of the Veterans' Entitlements Act ceased as a result of amendments made by the Veterans’ Affairs Legislation Amendment (Exempting Disability Payments from Income Testing and Other Measures) Act 2021 and is therefore not included in the definition of tax-free pension or benefit in section 5 of the CSA Act. However, any payment of Defence Force Income Support Allowance under Part VIIAB of the Veterans' Entitlements Act made before, on or after 1 January 2022 remains part of ATI for child support purposes.
Act reference: CSA Act section 5 Interpretation—definitions
SSAct Part 2.3 Disability support pension, Part 2.5 Carer payment
Veterans' Entitlements Act 1986 Part III Service pensions, Part IIIA Income support supplement
References:
Changes to the basic formula (in special circumstances)
The Registrar uses an administrative formula to make a child support assessment. The administrative formula is explained in 2.4. However, if parents or children have special circumstances, the administrative formula may not provide a fair level of child support. CSA Act Part 6A provides a means for the Registrar to administratively change a child support assessment to reflect the special circumstances of a case.
The phrase 'special circumstances of the case' is not defined in the CSA Act. The Family Court held that 'it is intended to emphasise that the facts of the case must establish something which is special or out of the ordinary' (Gyselman and Gyselman (1992) FLC 92-279).
The Registrar or a court can only change an assessment if one or more of 10 listed reasons (2.6.2) is established in the special circumstances of the case (sections 98C and 117(2)). If one of the reasons for a change of assessment is established, the Registrar or a court must also consider whether changing the assessment would be 'just and equitable' (2.6.17) and 'otherwise proper' (2.6.18) (sections 98C(1) and 117(1)).
These are the 10 reasons for a change of assessment (section 117(2)).
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Reason 1 (2.6.7) - The costs of maintaining a child are significantly affected by high costs of enabling a parent to spend time with, or communicate with, the child.
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Reason 2 (2.6.8) - The costs of maintaining a child are significantly affected by high costs associated with the child's special needs.
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Reason 3 (2.6.9) - The costs of maintaining a child are significantly affected by high costs of caring for, educating or training the child in the way both parents intended.
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Reason 4 (2.6.10) - The child support assessment is unfair because of the child's income, earning capacity, property or financial resources.
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Reason 5 (2.6.11) - The child support assessment is unfair because the payer has paid or transferred money, goods or property to the child, the payee, or a third party for the benefit of the child.
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Reason 6 (2.6.12) - The costs of maintaining a child are significantly affected by the high child care costs for the child (and the child is under 12 years of age).
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Reason 7 (2.6.13) - The parent's necessary expenses significantly affect their capacity to support the child.
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Reason 8 (2.6.14) -The child support assessment is unfair because of the income, earning capacity, property or financial resources of one or both parents.
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Reason 9 (2.6.15) - The parent's capacity to support the child is significantly affected by
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their duty to maintain another child or person
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their necessary expenses in supporting another child or person they have a duty to maintain
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their high costs of enabling them to spend time with or communicate with, another child or person they have a duty to maintain.
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Reason 10 (2.6.16) - The parent's responsibility to maintain a resident child significantly reduces their capacity to support the child support child.
If one of the reasons for a change of assessment is established, the Registrar must also consider whether changing the assessment would be 'just and equitable' (2.6.17) and ' otherwise proper' (2.6.18) (section 98C(1)).
Main Services that Administer Child Support family matters
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Centrelink provides information about family payments, the family tax benefit, and how your payments may be affected by child support arrangements.
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Services Australia (Child Support) administers the child support scheme to ensure parents contribute to the costs of raising children after separation. They administer the calculating, collecting and transferring of child support payments.
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Federal Circuit and Family Court of Australia makes decisions about a range of issues including child support matters.
Non-Agency Payments (NAPs)
A non-agency payment, also known as a 'NAP', is a payment made by the payer to the payee or to a third party for the benefit of a child in lieu of child support. This means that the payer pays an amount of child support directly to a payee, who usually has their payments collected and disbursed by Child Support.
Objections to Child Support Decisions
Generally, a parent or eligible carer who disagrees with a Services Australia decision must lodge an objection with Services Australia. An application can then be made to the Administrative Appeals Tribunal (AAT) for a review of an objection* decision. The AAT cannot, however, review all objection decisions of the Services Australia.
Where the AAT cannot review an objection decision, parents or eligible carers may be able to apply to the Court for orders. Child support applications and appeals can be filed in the Federal Circuit and Family Court of Australia (the Court) (FCFCoA).
You should seek legal advice before deciding what to do. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case. A lawyer can also help you reach an agreement with the other party without going to court.
VETERAN NEWS
The Federal Court decision in Commissioner of Taxation v Douglas [2020] FCAFC 220 (the Douglas decision) found that, from 1 July 2007, certain invalidity pension payments for veterans and their beneficiaries are superannuation lump sums, and not superannuation income stream benefits.
You are affected by the Douglas decision if you're a veteran or their beneficiary and your invalidity pension payment:
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started on or after 20 September 2007, and
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is paid by the Commonwealth Superannuation Corporation (CSC) under either
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the Defence Force Retirement and Death Benefits (DFRDB) scheme
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the Military Superannuation and Benefits scheme (MSBS).
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Legal Advice
If you need legal advice from an Australian lawyer, the following websites may assist you to locate a lawyer, community legal centre, or legal aid commission in Australia:
The Family Relationships Advice Line may also be able to refer you to a suitable service, and can be contacted on 1800 050 321.