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Family Law Library

Search our articles to learn your rights

Mathews Family Law & Mediation Services have created many detailed articles answering the most common questions people have in relation to their rights and Australian Family Law.


Popular Articles

What if there is a dispute about parentage of a child?

If there is a dispute about liability to pay child support, a court can make an order for parentage testing. The court can order repayment of the child support if parentage testing shows a person is not the child’s parent.

What if I am unhappy with a decision made by the CSA?

It is possible to challenge a decision made by the CSA. There may be a right to internal review, an appeal to the Social Security Appeals Tribunal or to a court. Seek legal advice if you are considering challenging the CSA.

How is child support collected?

Parents can make their own private arrangements for the payment of child support if they can agree. However, private collection is only recommended in cases where the payer is likely to pay or has a good payment history. Private collection of a child support formula assessment can affect FTB(A) entitlements.

A payee can request payment liability is enforced by the CSA. The Child Support Agency can collect periodic payments of child support or maintenance payable under a child support assessment, a child support agreement or a court order. The Agency has broad powers to collect child support debts including collecting from wages, intercepting tax refunds and collecting money from bank accounts. If payments are not made on time and in full, late payment penalties can be charged.

Can parents make their own agreement about child support?

An administrative assessment of child support by the CSA is not compulsory. Parents can have their own arrangements they might have a private arrangements or they may have a written child support agreement registered with the CSA.

What if the administrative assessment is unfair?

The assessment might be unfair because a parent has lost their job, the child has special needs or because the child is attending a private school. The CSA considers each parents point of view and then decide whether the assessment should be changed.

How is child support calculated?

A formula is used. The formula incorporates the obligation of both parents to contribute to their children to the extent that they are able to do so. The results of research on the costs of raising children are also included. For a detailed explanation of how child support is calculated in Australia, please read our extensive article on Australian child support calculations.

How do I apply for child support?

An application for child support is made to the Child Support Agency online or by completing a form (available at Centrelink). The CSA makes an administrative assessment and sends the assessment to both parents.

Who can apply for child support?

A parent who is not living with the other parent and who has the care of a child for at least part of the time can apply. In some circumstances, persons such as step parents and grandparents who have care of a child can apply for child support.

Who has to pay child support?

Both parents of the child are liable to pay child support. Biological parents, adoptive parents and IVF parents all have a liability.

How much child support will I receive or have to pay and for how long?

The Child Support Agency (CSA) calculates the amount of child support. The calculation used by the CSA considers parents’ incomes, the percentage of care each parent has and the cost of living.

Child Support is ordinarily payable until the youngest child is 18 years of age. If the child is at school in the year they turn 18, payments continue until the end of the school year.