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Child Support in Australia
Separated parents, including same-sex parents, have a legal obligation to financially support their children, including adopted children. In certain circumstances, non-parent carers, such as grandparents, legal guardians, or other family members, may also be responsible for providing financial support for children in their care.
Child support arrangements in Australia are designed to ensure that children receive appropriate financial support following separation, based on each parent’s capacity to contribute and the needs of the child.
Child Support Assessments by Services Australia
Child support may be agreed privately between separated parents or carers, or it may be assessed by Services Australia. Services Australia does not automatically issue a child support assessment upon separation, and a parent or carer must make an application for an assessment to occur.
Services Australia is responsible for calculating child support payments between parents. The assessment is determined using a formula that takes into account:
- Each parent’s income, basic living expenses and other financial obligations
- How much time each parent has the children in their care, and
- The number of children, their ages and their needs.
Once assessed, Services Australia manages the collection and distribution of child support payments.
Child Support Agreements
As an alternative to making an application to Services Australia for an assessment, parents or carers may enter into a private child support agreement. There are two types of private child support agreements:
- Binding Child Support Agreements.
- Limited Child Support Agreements.
In both cases, parents or carers must obtain independent legal advice before entering into the agreement.
Child Support Agreements may be registered or unregistered with Services Australia. In most cases, these agreements are legally binding and can only be varied by entering into a new agreement or by making an application to the Family Court.
Our team can assist you to negotiate and prepare a Child Support Agreement, which allows for increased flexibility in relation to the amount, frequency and method of child support payments. Child support payments under a Child Support Agreement might be paid to provide specific support for items such as school fees or medical expenses.
We can also assist you with the preparation of an application to Services Australia and provide general advice about your child support liabilities and entitlements.
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