CHILD SUPPORT

Understand Your Rights and Obligations

Take Action Now

Name(Required)

What is Child Support

Child support is a financial obligation one parent pays to another to help cover the costs associated with raising their child after a separation or divorce. This responsibility is designed to ensure that the child maintains a standard of living that is as close as possible to what they would have experienced if the family had remained intact.

Navigating child support after separation can be complicated as there are several things which have an impact on how child support is calculated and assessed, such as how much time each parent spends with a child, the income of both the parties, and the age of the child.

At The Family Lawyer, we are experts in guiding parents through the complexities of establishing and managing child support agreements within the framework of the Family Law Act. Our primary objective is to help you understand and efficiently manage your child support responsibilities, ensuring the best possible financial support for your children.

Child Support Aggreement

Where both parties agree on how much support is to be paid and how, they can enter into a written agreement to that effect. The agreement is then registered with the Department of Families, Fairness and Housing, who can collect and distribute payments as per the agreement. It is important to obtain independent legal advice before entering into a Child Support Agreement. Commonwealth child support laws are designed to ensure the interests and wellbeing of the child are met while balancing the capacity of parents to support their child. It is important that you consider all of your options carefully and obtain accurate legal advice about which scenario is best for you.

The type of child support arrangement you enter into will depend mainly on your financial circumstances, but also on how well both parties are able to negotiate the terms of child support. Our Child Support Lawyers can help you achieve the best possible arrangements that benefit your child’s welfare.

Child Support Assesment

An assessment is the most common type of support arrangement and involves Services Australia assessing the contributions to be made by both parties according to a set formula, which is set out in legislation.

The formula takes into account both parties’ income and the amount of time each party cares for the child and then calculates the amount each party owes to each other. Services Australia will then collect and distribute payments to the parties.

If you disagree with a Services Australia decision you must lodge an objection with and wait to receive a response. If they are unsatisfied with the response, an application can then be made to the Administrative Appeals Tribunal (AAT) for a review of an objection decision.

Can I appeal a Child Support decision?

If you disagree with a child support assessment you have 28 days to notify CSA that you are objecting to a decision. The 28 days starts from the day you get the decision letter. Once the objection is received, CSA will review and consider your objection within 60 days. If they uphold their decision and you still disagree, you can make an application to the Administrative Appeals Tribunal (AAT) to review it.

Objections can be raised where you believe CSA have:

Why We Are the Right Choice

Call us today to speak to an experienced family lawyer

Take control of the outcome. We are here to assist and guide you through this difficult time.

Frequently Asked Questions

01

Can a parent refuse to pay child support?

No. When an assessment for child support has been made and a parent is not meeting their payments obligations, Services Australia has the power to make arrangements to garnish wages and tax refunds. In extreme cases the refusing parent can be prevented from leaving the country.

02

Why do I have to pay child support if I can't see my child?

Even if you do not have regular care of contact with your children, you are still required to pay child support. Child support is a financial obligation one parent pays to another to help cover the costs associated with raising their child after a separation or divorce. This responsibility is designed to ensure that the child maintains a standard of living that is as close as possible to what they would have experienced if the family had remained intact.

03

What if a parent lives outside of Australia?

You can still have a child support arrangement if you or the other parent live overseas. But it must be in a country where the agreement can be enforced in Australia, called reciprocating jurisdictions, such as the USA, UK, Germany, and Hong Kong.

04

Do I have to be a parent to make a claim for Child Support?

No. If you provide care for a child and aren’t the parent, you may be able to receive child support from both parents. You must apply for a child support assessment.

05

What happens if Child Support is not paid?

If you don’t pay your child support in full and on time, Services Australia may apply penalties on the outstanding amount. You pay the penalty amount to the Australian Government, not to the receiving parent. Services Australia also has the power to take overdue amounts directly from your wage, sale of assets and tax return. In extreme cases, Services Australia can also prevent you from leaving the country until your child support debt is paid.

What Our Clients say

Take back control

At The Family Lawyer, our mission is simple: to help people. Whether you’re navigating a divorce, resolving a custody dispute, seeking assistance with family violence, or need a fair property settlement, we’re here to advocate for your rights and champion your interests.

During your Free Appointment we will:

Contact us today to schedule a free consultation.

Name(Required)
1300 111 835