Order for non-periodic provision of child support (payments to third parties e.g. school fees)
Note – The Act does not limit the types of provision that can be included, but the most common are school fees, mortgage payments, health insurance and the costs of orthodontic treatment. The payments may reduce, or be in addition to, the child support payable (CSA website, which also suggests the following form of orders).
Author’s note – Either party can apply for this – the payer, so that the payer’s payment of these third party expenses is credited against the assessed child support (or rationalised with a manageable amount for monthly child support, as covered by the second set of orders below) OR the payee, so that the payer’s payment of those expenses is over and above the assessed child support.
The sample affidavit supplied will cover the usual scenario of a payer wishing to rationalise the payment the payer is making. If a payee is applying, simply adapt the sample to the payee’s needs.
Final orders
Payments to third parties
1. That under Section 124 of the Child Support (Assessment) Act 1989 [Parent A's full name] provide child support to [Parent B's full name] for the [child/children], [full name/s] by way of payment of [all school fees] for [children's name/s] while [that child/those children] continue to attend [name of school].
2. That such payment is to commence for the [specify year] school year.
3. The child support ordered to be paid by way of [school fees] is to reduce the amount payable under the administrative assessment of child support, in that for the period from [start date] to [end date] the [school fees] are to reduce the annual rate of child support by [specify percentage up to 100%]% for each child. [OR are to have an annual value of $[amount] for each child and the annual rate of child support for each child for the days in that period is to be reduced by that amount.]
4. OR [if the assessment amount is not to be reduced] The annual rate of child support is not to be reduced by the child support provided.
Note – At the end of a liability (child is 18) any 'unused' non-periodic amount is not a credit and CSA cannot refund that amount. The parties could include a paragraph to address such an event.
Some parents may wish to specify that the payment of school fees will only apply or continue if the child attends a particular school. Also, it may be prudent to define what 'school fees' do and do not include, such as non-tuition fees and extra-curricular activities.
Enforcement of payment of third party payments by a payer is by means of an application to court under FLR 20.01(2)(a)(i).
The reduction clause is actioned by CSA immediately, whether or not the third party payment has been made (s 127).
The court must consider social security implications before it makes the order: s 123A(4)
Payments to third parties plus a fixed periodic amount
Note – An order can provide for the payment of child support in the form of payments to third parties, combined with a fixed periodic amount.
Final order
1. That under Section 116 of the Child Support (Assessment) Act 1989 there be a departure from the administrative assessment of child support payable by [Parent A's name] to [Parent B's name] for the [child/children], [full name/s] as follows.
2. For the period from [start date] to [end date] the annual rate of child support be set at $[amount] per child.
3. That under Section 124 of the Act [Parent A's full name] provide child support to [Parent B's full name] for the children, [full name/s] by way of payment of all [school fees] for [child/children's names] while [that child/those children] continue to attend [name of school].
4. That payment is to commence for the [specify year] school year.
5. The child support ordered to be paid by way of [school fees] is to reduce the amount payable under the administrative assessment of child support, in that for the period from [start date] to [end date] the [school fees] are to reduce the annual rate of child support by [specify percentage up to 100%]% for each child. [OR are to have an annual value of $ [amount] for each child and the annual rate of child support for each child for the days in that period is to be reduced by that amount.]