Child support is payable for all children living in Australia whose parents have separated. If a child turns 18 during their last year at school then that child is eligible for child support until they complete the school year. A child who is married or living in a de facto relationship is not eligible for child support.

Usually child support requires both parents to be living in Australia, but there are arrangements with some other countries for collection and payment of child support, if one of the parents or the child is living in that country.

Child support means financial support for children under the Child Support (Assessment) Act. Child support is paid by regular periodic payments, but also may be paid by lump sum payment, payment of specific expenses or by transfer or settlement of property.

Today, child maintenance orders are not allowed f it is possible that the Child Support Agency can make a determination for Child Support. Child maintenance orders are only available to children who were born before and whose parents separated before 1 October 1989. Generally, child maintenance orders are no longer available, as all children born before 1 October 1989 would now be over 18 years of age.

Child Support payments are no longer required when a child ceases to be eligible for Child Support.

Child Support can be determined by a Child Support Agreement between parents or through a Child Support Assessment by the Child Support Agency.

Under a Binding Child Support Agreement, parents cannot vary the amount of Child Support agreed except by mutual agreement or by a Court Order. Each party must obtain independent legal representation for the purposes of drafting, agreeing, terminating or changing the terms of a Binding Child Support Agreement.

If you are not happy with a decision made by the Child Support Agency, it is possible to challenge the decision.

The Child Support Agency Assessment uses a formula which takes a variety of factors into account.

Parents can agree to a private Child Support Agreement. A Binding Child Support Agreement may stipulate an amount of Child Support that is less than the Child Support Agency Assessment amount. A Limited Child Support Agreement must provide for a Child Support Amount that is at least equal to the Child Support Agency Assessment amount.

Child Support can be determined by a Child Support Agreement between parents or through a Child Support Assessment by the Child Support Agency.

There are limited grounds to change an administrative assessment. The grounds for a departure from an administrative assessment are as follows^:

• Reason 1: High costs of enabling a parent to spend time with, or communicate with, the child.
• Reason 2: High costs associated with the child’s special needs.
• Reason 3: High costs of caring for, educating or training the child in the way both parents intended.
• Reason 4: Child’s income, earning capacity, property or financial resources.
• Reason 5: Payer has paid or transferred money, goods or property to the child, the payee, or a 3rd party for the benefit of the child.
• Reason 6: Payee’s high child care costs for the child (and the child is under 12 years).
• Reason 7: The parent’s necessary expenses significantly affect their capacity to support the child.
• Reason 8: Income, earning capacity, property or financial resources of one or both parents.
• Reason 9: The parent’s capacity to support the child is significantly affected by:
  • (a) their legal duty to maintain another child or person,
  • (b) their necessary expenses in supporting another child or person they have a legal duty to maintain,
  • (c) their high costs of enabling them to spend time with or communicate with, another child or person they have a legal duty to maintain.

• Reason 10: Parent’s responsibility to maintain a resident child reduces capacity to support child support child.

Information about changing an administrative assessment are available on the human services website. 

If parents do not agree or do not wish to put a private Child Support arrangement in place, then an Application for Child Support is lodged with the Child Support Agency. In the past, parents of children would apply for child maintenance. Today, if it is possible that the Child Support Agency can make a determination for Child Support, then child maintenance orders are not allowed

The Application results in a Child Support Assessment provided the formal requirements for an application are satisfied. This is an administrative procedure uses a formula from the Child Support Act to calculate the amount of Child Support that would be paid by a parent in any given situation. The formula requires both parents to provide financial support of their children as far as they are able to do so. The formula considers research on the cost of raising children, parental income, other dependent children and time spent with each parent. An online child support estimator can be found on the CSA website. This procedure does not involve the Family Court system.

An Assessment Notice will usually issue several weeks later. This will tell each parent how much they are to receive/pay each month and about their rights relating to the payment/receipt of Child Support.

Sometimes the formula produces a result which is not appropriate. This might happen if a parent has lost their job since the assessment was made or the child has special needs or because the child is attending a private school. The Child Support Agency can be asked to change the assessment.

If you are not happy with a decision made by the Child Support Agency, it is possible to challenge the decision. An internal review process, a right to apply to the Social Security Appeals Tribunal for a review or a right to go to court could each be options depending on the nature of the decision.

The lawyers at Mathews Family Law & Mediation Services Melbourne are experienced with helping parents to work through both the financial and practical issues involved in an agreement for Child Support. We can help to ensure proper arrangements are made for the ongoing financial, physical and emotional support of your child or children. We can assist you with dealing with the Child Support Agency, whether you are making an application for child support or are disputing a decision made by the Child Support Agency.

Mathews Family Law is a leading family law firm in Australia. Please contact us on +61 3 9804 7991 to speak with a family lawyer from our law firm today. You can also send through your enquiry online now and we will contact you shortly.

The Family Court can issue Court Orders on the basis of a Binding Child Support Agreement.