AUSTRALIA - provided by Catherine Leach, DCH Legal Group
There are two different child support schemes operating in Australia.
The first applies where parents separated before 1 October 1989.
This scheme is governed by the Family Law Act 1975 and is based
upon agreement by the parties or Court Order resulting from a
hearing. Amounts payable are referred to as "child maintenance".
The second applies where parents separated or children were born
after 1 October 1989. This scheme is based upon a formula under
the Child Support (Assessment) Act 1989 ("the Act"). The assessment
can only be varied by agreement, review or court order. Amounts
payable are referred to as "child support".
The Child Support (Registration and Collection) Act 1988 established
the Child Support Agency ("CSA") of the Australian Taxation Office.
This enabled more efficient collection of child support and
maintenance as the CSA has access to income tax returns and can
sequester tax refund cheques.
Child support is calculated using the following formula:
1. Take the gross taxable income of liable parent.
2. Deduct an amount for living expenses, which is fixed by the
Act, of the liable parent and any children (natural or adopted
but not stepchildren) living with them. From 1 July 1999 the
amount for a liable parent with no children living with them is
$10,219.
3. Look at the custodial parent’s income. If it is
over the average weekly earnings, which is fixed by the Act,
(from 1 July 1999 $31,351), the liable parent’s income is reduced.
4. Multiply the liable parent’s income by one of the following
percentages:
1 child 18%
2 children 27%
3 children 32%
4 children 34%
5 or more children 36%
This basic formula is modified to take into account shared
parenting and low or high income earners.
Parties can negotiate and register Child Support Agreements, which
partly or wholly replace the assessed amount. If the custodial
parent is in receipt of an income tested pension or benefit the
registration is subject to approval by Centrelink.
An example of use of the basic formula is:
Custodial parents income: $15,000 (less than average weekly earnings therefore disregarded)
Non custodial parent's income: $50,000
Less exempt income: $10,219
CHILD SUPPORT INCOME: $39,781
Children in custodial parent's care: 2 – therefore 27%
= $39,781 x 27% = $10,740.87 or $206.55 per week.
An Overseas maintenance order can be registered in Australia if it is from a
reciprocating jurisdiction. The following are reciprocating jurisdictions.
Austria
Brunei
Canada, the following Provinces and Territories:
Alberta British Columbia Manitoba Newfoundland
New Brunswick Northwest Territories Nova Scotia Nunavut
Ontario Prince Edward Island Saskatchewan Yuk
Cook Islands (including Niue)
Cyprus
Czech Republic
Fiji
Gibraltar
Hong Kong
India
Kenya
Malawi
Malaysia
Malta
Nauru
New Zealand
Papua New Guinea
Poland
Republic of Ireland
Sierra Leone
Singapore
Slovak Republic
South Africa (excluding Namibia)
Sri Lanka
Sweden
Switzerland
Tanzania (excluding Zanzibar)
Territory of Christmas Island
Territory of Cocos (Keeling) Islands
Trinidad and Tobago
United Kingdom, and -- Guernsey, Alderney and Sark, Isle of Man, Jersey
United States of America, the following States:
Alaska Arizona Arkansas California Colorado
Connecticut Delaware Florida Georgia Hawaii
Idaho Illinois Indiana Iowa Kansas
Kentucky Louisiana Maine Maryland Massachusetts
Michigan Minnesota Missouri Montana Nebraska
Nevada New Jersey New Mexico New York North Carolina
North Dakota Ohio Oklahoma Oregon Pennsylvania
South Carolina South Dakota Tennessee Texas Utah
Vermont Virginia Washington West Virginia Wisconsin
Wyoming
Western Samoa
Zambia
Zimbabwe
To register the Order, a certified copy must be sent to the Secretary to the Attorney
General's Department.
If you have a case you need help with, please contact DCH Legal Group at dch@dch.com.au .
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Bolivia - provided by M. Carolina Aguirre U., Bufete Aguirre Soc. Civ.
The most important laws regarding child support are the Constitution, the Minors’ Code
and the Family Code. The Constitution states that all marriage, family and maternity are
under the State’s protection, as well as the physical, mental and moral health of infancy.
The Minor Code grants social priority to minority, being an obligation for the family,
community and the State to ensure minors’ rights to life, health, family, identity and
nationality, feeding, education, dignity, respect, liberty, recreation and work protection.
It is also a priority to protect minority from any physical, social, moral and psychological
risk, caused by negligence, discrimination, abuse, cruelty, oppression and aggression, in
which case ordinary jurisdiction will be applied.
Any act of violence performed by parents, tutors, third people and/or institutions, through
abuse, action, omission or suppression, that attempts the minors rights: violence that could
cause damage or prejudice in their physical, mental or emotional health, is considered
mistreatment.
A child is considered to be mistreated when
1. he/she suffers physical, psychic, mental or moral damage, be it for a disciplinary or
educational purpose.
2. School discipline that does not respect his/her dignity and/or integrity.
3. There is a lack of adequate provision of food, clothing, home, education, health care,
when there are economic resources to do so.
4. He/she is employed in prohibited jobs or in jobs that are contrary to his/her dignity
or could put his/her live or health in danger
5. The job executed in a family regime does not comply with the conditions established by
the Code.
6. He/she is used as an object of pressure, blackmail, hostility and/or forced retention
in family conflicts.
7. He/she is victim of indifference in daily treatment or long excommunication from his/her
parents, tutors or guardians.
8. He/she is forced to render military service before he/she reaches the legal age.
9. He/she is used or induced to participate in any type of pressure measure such as strikes,
violent actions and others that attempt against his/her security, physical or psychic
integrity.
Dangerous and unhealthy jobs, as well as jobs that attempt dignity are prohibited for minors.
Any person, specially school directors and teachers, who detect any sign of mistreatment, violence,
exploitation, abuse, possession or consumption of alcoholic beverages or drugs, is forced to .
inform immediately this situations to parents or tutors to the Childhood and Adolescence Public
Defender.
The sale of the following to minors is prohibited:
1. Weapons, munitions and explosives
2. Alcoholic beverages
3. Drugs and other products of which its components constitute danger or may cause physical
or psychic dependence
4. Fireworks and similar devices that may cause physical damage
The Family Code regulates Family Support as an institution that provides all the indispensable
aspects of sustention, home, clothing and medical attention.
In connection with enforcement of decisions or judgments rendered outside Bolivia, the Code of
Civil Procedure states that International Treaties apply; in case of lack of a Treaty,
reciprocity with the country where the decision is ruled applies. If the resolution comes from
a country that does not enforce Bolivian decisions, it will not have any force in Bolivia.
If none of the three cases above mentioned is applicable, the foreign judgments can be enforced
if they comply with the following requisites:
1. That the judgment would have been dictated as a consequence of a personal action or a real
action performed over a movable property transported to Bolivia during or after the trial
litigated outside
2. That the condemned person, with domicile in Bolivia has been legally notified.
3. That the obligation object of the trial is valid according to Bolivian law.
4. That the resolution does not contain provisions contrary to public order.
5. That the resolution was passed in accordance with the country’s law where it was dictated.
6. That it complies with necessary requisites to be considered as resolution in the place where
it has been dictated and with the conditions of authenticity required by local law.
7. That it is not incompatible with other resolutions pronounced before or simultaneously by
a Bolivian court.
If you have a case you need help with, please contact M. Carolina Aguirre U. at faguirre@caoba.entelnet.bo .
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