Both parents have a duty to financially maintain their children. It is not a surprise that this misconception exists, particularly when fathers are often depicted in sitcoms and movies as being liable for “alimony”.
In Australia, both parents of the child are liable to pay child support depending on their circumstances. “Parents” includes biological parents, adoptive parents and people who have become parents as a result of an artificial conception procedure.
Child support is calculated in accordance with a complex formula that takes into account the income of each parent, and the number of nights each child spends with each parent.
1. How much time the child spends with each parent
If a child spends a majority of time with one parent, it is likely that a parent will receive child support from the other. The greater the difference in the amount of time spent with each parent, the more one parent will have to pay for child support.
2. How much each parent earns
The amount that each parent earns may also influence how much is payable in child support. If one parent earns significantly more than the other, they are likely to be required to pay more in child support.
There is an online child support estimator that parents can use to get a rough idea on how much they would be liable to pay.
In a situation where the children live with the mother and spend time with the father, the father is generally liable to pay child support. The same however applies to the opposite situation.
If you require any assistance with your parenting matter, or if you have any questions with respect to child support, please contact us at Frank Law on (02) 9688 6023.
This is not legal advice.