Divorce / Child Support

We believe that a review of child support is due, given the large number of Australians affected.

We have no issues with how child support is currently implemented, or the way the payments are calculated (there have been numerous, substantial reviews) – if there were not also divorce settlements. But because these two go hand in hand, we need an investigation into their combined effect.

In divorce settlements, 42% of the time women receive more than 60% of the shared property, with an average of 55%. When assets are low, the percentage received by women is higher still. Additionally, obviously the numbers are also skewed by when the woman doesn’t retain custody of any children, or was the main breadwinner.

Anecdotally, for middle-class Australian divorces, where the man was the main income earner, and children under 18 are involved, the woman will receive 60-70% of the property. This is supported by many divorce lawyer websites, and this is communicated to potential clients, both men and women. The main reason for this is that the husband (generally) has a higher capacity to earn, and therefore the woman needs a larger share of the assets.

And that is where the problem is perceived to lie, by many divorced men.

• the wife gets more in a divorce settlement because they will need more to get by in the future
• the wife gets child support because she needs more to get by

Divorce settlements and child support are determined independently, and both factor in the same thing, without allowing for how that has already been factored in by the other process. It is like double-taxation.

If there are sufficient assets, typically the wife gets the house. It makes sense, seeing as they will need to maintain an environment for child-rearing, as they typically get most of the child custody. The pressure is then on the husband to find accommodation that is suitable for when they have the children, which is often every 2nd weekend. This can mean a property with many bedrooms that will mostly be empty.

Women also can and do impose restrictions, for example the children won’t be allowed to visit if anyone else living there does not have her approval. While this can be remedied legally, the ability to pay for legal action, or even cope with it emotionally, is not always there.

Possible results of a review

• remove the concept of future needs from divorce settlements, as these are already covered adequately by child support payments
• child support formulas be determined as part of divorce proceedings, not separately
• housing and travel expenses directly related to part-custody of children should be factored into calculations

Also, the categories of expense that are covered by child support need to be spelled out officially. The government website for this doesn’t say a word about what child support is for. It is calculated on the costs of food, accommodation and public schooling of the children. But what about braces, school trips, driving lessons and dozens of other things? Leaving these to negotiation adds strain to the situation.