A person can apply to the Child Support Registrar for an assessment of child support payable by a natural or adoptive parent of a child. However, a person cannot apply for a child support assessment payable by a step-parent of a child. Instead, they must apply to a court for an order requiring a step-parent to provide financial support for their step-child. The court can make a child maintenance order requiring step-parents to provide financial support for their step-child if satisfied that the step-parent has a duty to maintain the child.
The Registrar can treat a step-child as a relevant dependent child of a parent in a child support assessment if:
The inclusion of a relevant dependent child means that a parent has an amount recognising their support of the child deducted from their child support income before calculating child support. However, it is important to note and re-iterate that a step-parent is not required by law to pay child maintenance unless the court has made an order to do so.
To obtain an order under section 66M of the Family Law Act, a person must be a “step-parent” to the child, that is, they must:
In making an order under section 66M the court has to consider:
A child support parent in a de facto relationship is unlikely to be able to obtain an order under section 66M in relation to the children of their current partner. For an order to be made under section 66M there must be proceedings between the child support parent and the child’s parent about child maintenance.
AussieLegal offers a range of family law services, including the preparation of Binding Child Support Agreements (BCSA). Our BCSA can help you document your agreement about the amount of financial support for your child or children.
We also offer assitance for application for Consent Orders to help you prepare both your financial and parenting orders. This service includes legal advice and certification for both parties in full compliance with the Court.
Call us on 1300 728 200 to discuss your situation with one of our consultants.
