Child Support
Child support can be a sensitive issue after parents separate, however, we can help you navigate the process and the legislation.
Australian laws consider that the parents of children are financially responsible for them, regardless of whether they were married or in a relationship when the child was born, and irrespective of the parents’ involvement in their child’s life.
Child support payments are regular financial contributions that a parent makes towards the welfare and maintenance of their child.
Child support services
Child support in Australia is managed and assessed through Child Support – Services Australia. Payments are based on a formula that takes into consideration a range of factors including the parents’ income and the costs of supporting a child.
Services Australia will collect and distribute the child support payments and also has the power to investigate, enforce and collect child support payments through various ways.
Alternatively, parents can enter into their own child support agreement, which generally allows for more flexibility.
Applying for a child support assessment
Parents seeking child support payments may apply for assessment through Services Australia. Typically, if your child or children spend most of their time with you, you may be entitled to child support payments. The amount of child support varies according to your specific circumstances and is determined and monitored by Services Australia.
Services Australia must be convinced that the applicant and paying parent are in fact the parents of the child. In many cases, parentage will be accepted by providing documentation such as a birth certificate. Adopted children, children from previous same sex relationships, and children born through artificial conception are included in the child support scheme. Challenges to parentage may be through a court and/or DNA testing. Such issues can be complex and emotionally charged – if disputes arise it is recommended that legal advice be obtained as soon as possible.
Generally, child support is payable for all children until they are 18 years old.
Non-parent carers who care for a child may also be eligible to apply for child support from one or both child’s parents.
Child maintenance
In some circumstances, child maintenance may be payable for children over 18 years. Child maintenance applications are made through the Federal Circuit and Family Court of Australia and may be payable for children who are engaged in fulltime tertiary studies, or who have a physical or mental disability. When determining an application, the court will consider a range of factors including the financial and special needs of a child.
How is child support calculated?
The amount of child support payable is calculated using a complex formula that considers several factors such as:
- the combined income of the parents
- the respective income of each parent
- the length of time the child spends with each parent
- the costs of raising children relative to specific age ranges and the capacity for the parents to meet those costs
- each parent’s responsibility for supporting other children
- the age of the child and other children in the care of each parent
- the basic living needs of each parent
Payments can vary over time because of changes in the financial or personal circumstances of the parents or child.
Objecting to a child support assessment decision
Sometimes a child support assessment may not fully consider the special or unusual needs of a child, or the circumstances of a parent or carer. Additionally, parents who pay child support may have a change in circumstances since the assessment was made, which now makes it difficult to meet these payments. This could occur, for example, through job loss or incapacity of the payer.
In such cases, either parent may be able to apply for a reassessment of child support and both will be notified in writing of the decision reached. If either party is still unhappy with the decision, an objection may be lodged, after which an internal review will take place.
After the internal review decision is made, there may be further limited grounds for appeal through a specialist division of the Administrative Appeals Tribunal.
If you think an assessment has been calculated incorrectly or that your personal and financial circumstances have not been fully considered, we can assist with preparing an application for the assessment to be reviewed or with lodging an objection.
If you are owed child support or are having difficulty meeting your child support payments, you should contact the agency immediately to try to resolve the matter.
How we can help
If you are having difficulty negotiating a child support arrangement with your former partner, we can assist you in negotiating a Child Support Agreement which could provide for a child support amount and other matters which may be more suitable to both parties than the arrangement imposed by the statutory child support formula.
If you need further assistance, contact [email protected] or call 02 9550 9588 for expert legal advice.