This is an overview of a paper that was written in December 2010. It was the first of five papers to be prepared by drummond Street for the Family & Child Support Policy Branch of the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) under its Child Support Policy – Community Strategy.
A case study and the recommendations to FaHCSIA will follow.
This piece was prepared by Rebecca Harris, the complete paper was written by Kristie Dunn, with input from drummond street staff Jess Black, Reima Pryor, Zoe Stafford and CEO Karen Field, along with additional information sourced from the Child Support Agency, and independent family law practitioners.
In 2008 there was a big package of reforms covering 84 Commonwealth acts relating to the laws affecting same-sex couples, and their children. In most cases this meant that same-sex de facto couples had the same rights and entitlements as their opposite-sex counterparts. There are some notable exceptions to this principle, namely the prohibition on same-sex marriage and adoption.
This reform package included changes to the acts relevant to child support. Before these same-sex reforms, non-biological parents in same-sex relationships were not recognised as parents by the Child Support Agency (CSA), the folk who administer child support payments. So while previously excluded, same-sex separated couples are now able to access the CSA, and access child support payments, or be liable to make payments.
The research undertaken by us here at drummond street included conversations with the CSA, and with family law practitioners, and anecdotal evidence from the queer community. All evidence suggests that very few queer families actually access the child support system. Primary research with parents would be the next logical step to really find out why, but a number of reasons did come to light, based on information gathered:
- The reforms are relatively recent (they did not come in to effect until July 2009) and queer parents used to existing outside the law may not even be aware that they are entitled to access
- There is a lot of confusion about when a parent is a parent under the law. For example sometimes a parent is legally recognised federally, but not by their State’s law. A parent might be recognised with a parenting order obtained in the Family Court, but this may not be reflected in the Family Law Act
- Under the law children cannot have more than two parents, but this does not reflect the reality for many queer families.
- There is a culture of private arrangements within queer families with respect to financial arrangement about children.
- As our research clearly indicated (see Case Study in our companion piece) the staff at the CSA have a serious lack of understanding about same-sex applications and may be giving contradictory or incorrect advice to people making contact
Feedback from the CSA Customer Review and Quality Improvement area tells us that they have no means of identifying same-sex ex-couples on their database. There was a comment that there was some concern within the CSA that asking queer clients about the nature of their relationship could be seen as offensive.
Surely asking about whether a relationship is opposite-sex or same-sex is only offensive if same-sex relationships are considered offensive. This should not be used as an excuse or impediment to tracking same-sex couple applications, and ensuring they are receiving accurate and informed advice and assistance. The current incapacity of the CSA to collect any data on same-sex couples is a concern. A simple solution to any confusion or assumptions, for example in the case of gender-neutral names like Sam or Jo/e, could be an initial screening question for every applicant along the lines of ‘is your ex-partner male or female?’ This would identify same-sex couple applications quickly and easily. Here at drummond street, a mainstream family service agency, a standard intake question regarding sexuality of a client is well received and also serves to normalise and reduce stigma for this group in the broader community. Applicants within same-sex relationships are unlikely to find such a question offensive, and in fact are likely to appreciate that their relationship is being openly recognised by a public agency. Such a question will go a long way towards normalising same-sex relationships in the eyes of heterosexual applicants. This is one of the aims of the same-sex reforms.
While the same-sex reforms have gone some way towards recognising same-sex families and clarifying financial responsibility and child support liability, the question of who is a parent and what that means remains a confusing area. The fact that those who work at the CSA are not able to give accurate and consistent advice has to be seen as a serious impediment to access.
Check out part two of Queer families and the child support system to read the case study presented to the CSA, and our recommendations to FaHCSIA based on our research. Or read the Complete Policy Paper here.
