Hostname: page-component-848d4c4894-wg55d Total loading time: 0 Render date: 2024-06-12T09:10:00.700Z Has data issue: false hasContentIssue false

The Child Support Scheme: Failures of the first decade

Published online by Cambridge University Press:  29 February 2016

Abstract

This article focuses upon the first ten years of implementation of the Australian Child Support Scheme. It investigates the philosophy and social ideology which underpin the Scheme and questions whether the objectives of the Scheme are being achieved. The central thesis is that the ideology of the Scheme needs to be fundamentally altered in order to properly cater for financial support of children of separated families.

The article suggests that the amendments put forward by the recent Joint Select Committee investigation into the Child Support Scheme will not ameliorate the deficiencies in the Scheme as they do not go to the pivotal core of what a child support scheme is created to do. The article describes how the ideologies inherent in the Scheme might be altered in order to create a system of child support which would cater for all system users.

Type
Research Article
Copyright
Copyright © Cambridge University Press 1997

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Maintenance Enforcement under the Family Law Act, Family Law Council, Canberra, AGPS, 1979.Google Scholar
2 Montague, M. & Stephens, J., Paying the Price for Sugar and Spice: A study of Women’s Pathways into Social Security Recipiency, Brotherhood of St Laurence and National Women’s Advisory Council, Canberra, AGPS, 1985.Google Scholar
3 Cited in Graycar, R.Family Law and Social Security in Australia: The Child Support Scheme ConnectionAustralian Journal of Family Law 3 (1) January 1989 70 at 71.Google Scholar
4 Australia, House of Representatives 1987, Parliamentary Debates, vol. HR154, at 1368.Google Scholar
5 Id. at 13711374.Google Scholar
6 Child Support (Registration and Collection) Act (Cth.). s. 23(7)Google Scholar
7 Id. s. 66 Google Scholar
8 Parliament of the Commonwealth of Australia, The Child Support Scheme: An Examination of the Operation and Effectiveness of the Scheme, Canberra, AGPS 1994 at 16.Google Scholar
9 Coalition Child Support Agency Policy, Canberra, 1996.Google Scholar
10 Eades, J.Quantifying child maintenance - a continuing saga’ (1993) 31 (2) Law Society Journal 42.Google Scholar
11 New York, 20 November, 1989 [1991] ATS 28 ILM 1448.Google Scholar
12 Above n 8 at 21.Google Scholar
13 Child Support Evaluation Advisory Group Child Support in Australia. AGPS. Canberra, 1992 at 510.Google Scholar
14 Parliament of the Commonwealth of Australia, The Child Support Scheme: An Examination of the Operation and Effectiveness of the Scheme, Canberra, AGPS 1994, – List of ‘Recommendations, Number 95.Google Scholar
15 Conversation between the author and the Child Support Agency, 18 April, 1996.Google Scholar
16 Child Support (Assessment) Act 1989 s. 98H(3)Google Scholar
17 Boss, P.; Edwards, S. & Pitman, S. (eds) Profile of Young Australians: Facts, Figures and Issues, South Melbourne, Churchill Livingstone, 1995, 59 at 71.Google Scholar
18 Berns, S.Towards a Theory of Relational Equality’ (1993) 16:2 University of New South Wales Law Journal 394 at 428.Google Scholar
20 Lovering, K. (1984) Cost of children in Australia, Working Paper No. 8, Australian Institute of Family Studies, Melbourne.Google Scholar
21 Lee, D. (1989) A Program for Calculating the Direct Costs of Children based on the 1984 ABS Household Expenditure Survey, Australian Institute of Family Studies, Melbourne.Google Scholar
22 Snider, G.Measuring the cost of children’ (1995) Family Matters No. 4. Autumn 1995, 44 Google Scholar
23 Parliament of the Commonwealth of Australia, The Child Support Scheme: An Examination of the Operation and Effectiveness of the Scheme, Canberra, AGPS 1994 at 78.Google Scholar
24 Id. List of Recommendations, Number 116 Google Scholar
25 Above, n 8 at 611.Google Scholar
26 Id. 612 Google Scholar
28 US Department of Health and Human Services, Office of Child Support Enforcement, Development of Guidelines for Child Support Orders 14 (1987).Google Scholar
29 Above, n 8 at 418.Google Scholar
30 Above, n 4.Google Scholar
31 Child Support (Assessment) Act s. 46 (1)(a) Google Scholar
32 Above, n 23 at 231.Google Scholar
33 Parliament of the Commonwealth of Australia, The Child Support Scheme: An Examination of the Operation and Effectiveness of the Scheme, Canberra, AGPS, 1994, at 235.Google Scholar
34 Id. Recommendation 109.Google Scholar