What is Child Support
Child support is a payment made by one or both parents to the other to help with the cost of looking after the children. In some situations, it may be paid by one or both parents to another person who is looking after the children.
Different Types of Child Support
A child support agreement can provide for periodic amounts (regular amounts payable on a regular basis) to be paid to the other parent or non-parent carer.
These may be paid directly to the other parent or non-parent carer, to their bank account, or to a third party acting as the agent of the payee, such as a solicitor or trustee.
Periodic child support can be adjusted for the costs of living by either the child support inflation factor or the Consumer Price Index or another adjustment factor identified by the child support agreement.
Non-periodic payment provisions:
- It must be a binding agreement
- It must state the lump sum payment is to be credited against the amount payable under the administrative assessment
- There must be an administrative assessment in force prior to the application for acceptance being made
- The amount of the lump sum must equal or exceed the current annual rate of the administrative assessment
Child Support Aggreement
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 DHS 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. DHS will then collect and distribute payments to the parties. Assessments are automatically reviewed and reassessed by DHS after a set period of time, not usually more than 15 months.
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.
Objections can be raised where you believe CSA have:
- Most things to do with collecting payments – this includes payment arrangement amounts, intercepting tax refunds and garnishing bank accounts;
- Changing a departure prohibition order – you can only appeal to a court; and
- Refusing a departure authorisation certificate – the Administrative Appeals Tribunal can review these.
- Used wrong or old information
- Not considered all the facts
- Missed important details
- Not applied the law correctly.
- You can’t object to decisions regarding:
- Who is or isn’t a child’s parent – only a court can do this;
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.
Court ordered Child Support
What Our Clients say
"responsive and helpful professionals"
"caring and empathetic approach"
"understood our circumstances, made the process smooth"
"worked really hard to give me a new start "
"highly knowledgable and patient"
"very professional, but personalised"
"made me feel at ease from the get go"
"very understanding and patient team"
"wouldn't hesitate to use their services agai"
"great advice on what would be best to do"
You have Questions. We have Answers.
Frequently asked questions
Can a parent refuse to pay child support?
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. The family court will not reduce the amount of child support you owe because your former spouse has stopped you from seeing the children or there is a court order in place.
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.
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.
Who pays for school fees?
The child support assessment is designed to account for all of the child’s expenses, including school fees, excursions, uniforms and extra-curricular activities. It is the responsibility of the parent receiving the payment to allocate sufficient funds for the child’s educational needs.
When Services Australia calculates child support, they make an assessment factoring in the cost of a child attending a state school, not a private school.
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.
