Superannuation, Investment Changes To Child Support Assessments

Superannuation, Investment Changes To Child Support Assessments

Superannuation, Investment Changes To Child Support Assessments
6/05/2009
Legislative changes come into effect on 1 July 2009 that allow the CSA to automatically count salary sacrificed super contributions and net financial investment losses as part of the customer’s child support income.The changes will affect some separated parents from 1 July this year when the definition of income used to calculate child support assessments is expanded.This will mean salary-sacrificed superannuation contributions and net losses from financial investments will be added to a parent’s adjusted taxable income for child support purposes, ensuring more accurate assessments for parents.

Child Support Agency (CSA), Assistant General Manager Bruce Young, said that “The changes will mean that, when calculating a parent’s income, individuals who have access to salary sacrifice to reduce their taxable income will be treated on an equivalent basis to those who do not have access to salary sacrifice arrangements.

“Separated parents on a wage or salary can continue to enjoy the tax benefits of salary sacrificing into their superannuation while ensuring their children receive the right amount of financial support according to a more accurate assessment of both parents’ financial circumstances.

“It is important that parents consider their choices on salary sacrificed superannuation plans before or during the 2009-2010 financial year. Parents that are currently salary sacrificing may wish to seek financial advice on how the legislation may affect their income for the purposes of child support. For a list of financial counsellors, go to the CSA’s Community Service Directory at www.csa.gov.au” Mr Young said.

The changes will apply to income years starting on or after 1 July 2009. The changes will generally affect child support assessments for child support periods that begin on or after 1 July 2010. This is because a parent’s income for the 2009-10 financial year will usually only affect a child support assessment for a child support period that begins on or after 1 July 2010.

However, a parent’s income for the 2009-10 financial year, may be used for other types of decisions, such as estimates of income and Change of Assessment applications.These changes will affect both paying and receiving parents equally. Compulsory super payments, such as employer contributions under superannuation guarantee requirements, will not be considered part of a parent’s child support income. The changes will only apply to voluntarily sacrificed payments.

The CSA has always had the ability to consider voluntary super contributions for determining a parent’s total income and financial resources through the Change of Assessment process. The new measure will allow the CSA to include ‘salary sacrificed’ superannuation contributions (to be reported on employee payment summaries from 1 July 2009), as part of a parent’s child support income. This will enable more accurate assessments based on a parent’s total salary package for the benefit of their children.

The changes will also expand the types of losses that will be considered in determining a parent’s adjusted taxable income. The calculation will not only include a parent’s net losses from any rental properties, but will also include net losses from financial investments such as shares and managed funds. Net financial investment losses are the amount of allowable deduction claimed for financial investments that exceed the income received from those investments. Capital gains and capital losses are excluded from the calculation of total net financial investment losses. Financial counselling services and referral information is also available on the Department of Families, Housing, Communities and Indigenous Affairs website, the Centrelink website, at www.centrelink.gov.au, and the Australian Government’s Understanding Money website at www.understandingmoney.gov.au

Source: Child Support Agency Media Release

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Shocking Surrogacy Numbers: What Australia Isn’t Telling You

Why the data matters Numbers have a way of cutting through opinion. When it comes to surrogacy, statistics reveal risks that law and policy sometimes miss. Recent figures presented at a national surrogacy forum show a pattern that should worry intended parents, practitioners and policymakers alike: dozens of children born through overseas surrogacy may be… Read More »Shocking Surrogacy Numbers: What Australia Isn’t Telling You

ART Update from Australia: Stephen Page Presents at South African Family Law Conference

On 11–13 March 2026, Stephen Page, Director at Page Provan Family and Fertility Lawyers, presented remotely at the prestigious 28th Annual MDT/UWC Global Family Law Conference in Cape Town, South Africa. As Australia’s leading surrogacy lawyer and an Accredited Family Law Specialist since 1996, Stephen delivered “ART Update from Australia”—a comprehensive overview of Australia’s evolving… Read More »ART Update from Australia: Stephen Page Presents at South African Family Law Conference

3 Countries You Should Never Use for Surrogacy

When intended parents consider international surrogacy, the legal and ethical landscape can be treacherous. One government has taken a blunt but pragmatic approach: rather than issuing a blanket prohibition on overseas commercial surrogacy, it has published a short list of specific countries where surrogacy arrangements will almost certainly jeopardise a child’s legal status. That list… Read More »3 Countries You Should Never Use for Surrogacy

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board