About Child Support
Learn more about child support.
- Our process
- The law
- Helpful info
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
- Past Cases
- Good Results
- Happy Clients
The Law
Duty of parents to maintain their children
- 1. The parents of a child have the primary duty to maintain the child.
- 2. Without limiting subsection (1), the duty of a parent to maintain a child:
- a. is not of lower priority than the duty of the parent to maintain any other child or another person; and
- b. has priority over all commitments of the parent other than commitments necessary to enable the parent to support:
- c. is not affected by:
i. himself or herself; and
ii. any other child or another person that the parent has a duty to maintain; and
i. the duty of any other person to maintain the child; or
ii. any entitlement of the child or another person to an income tested pension, allowance or benefit
In Plain English
Child support is financial support paid for a child by a parent to the other parent or carer of the child. Carers can include grandparents, other relatives, or friends, who have the child in their care.
The parent who pays is called the "payer parent". The carer who receives the support is called the "payee parent/carer".
Both parents have a duty to provide financial support for their children, even if the parents were never in a relationship. The Department of Human Services (DHS) (Child Support) is a government agency that looks after child support payments.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
- Past Cases
- Good Results
- Happy Clients
Who must pay?
Parents are responsible for financially providing for their children. This is the case even if you have never lived with the other parent.
If you are a parent and your child lives with someone else all or some of the time, you may be required to pay child support. This will depend on your income, the other person’s income and how much time the child lives with each of you as well as other factors such as whether you have other children you also need to support.
You liability to pay child support arises when there is an “administrative assessment” from DHS or you have entered into a “child support agreement” registered with DHS.
How it works
The DHS Uses a formula to work out how much child support should be paid. The formula takes into account:
- both parents’ income
- if you are supporting other children
- the amount of time you care for the children (your “care levels”)
- the costs of raising children (including the number of children you have and their ages)
- the basic living needs of parents
On the DHS (Child Support) website there is an Estimator which shows you how much child support is likely to be payable.
Child support agreements
Instead of using the Child Support formula assessment, you can reach your own agreement with the other parent. The agreement can be about how much, and in what form child support should be transferred.
There are two legal or formal types of child support agreements – binding child support agreements and limited child support agreements. It is also possible to have an informal or private agreement with the other person about child support.
You should always get legal advice before making a child support agreement, even an informal agreement. An informal agreement can still have an impact on any Centrelink entitlements you may have.
Binding child support agreements
- Are formal agreements, in writing and signed by both parents.
- Can only be entered into on legal advice and must include a statement to the effect that each party has received independent legal advice
- Must include an annexure signed by the person who provided the legal advice
- Can be made for any amount that both parents agree is appropriate.
- The Binding Agreement cannot be varied and can only be terminated. The grounds for terminating a Binding Agreement are limited.
Limited child support agreements:
- Do not require legal advice.
- Must be an administrative assessment in place at the time that the agreement is entered into and the agreement must not provide for payment of periodic child support which is less than the assessment.
- Cannot be varied but can be ended by a new limited or binding agreement or a court order.
- Must be lodged for acceptance with the CSA and accepted by the CSA before the agreement will have any effect.
- One party can give notice to the Registrar after three years to terminate the agreement.
- A party can at any time obtain a notional assessment of child support and if the notional assessment changes then the agreement can be unilaterally terminated.
How to object
Once DHS makes a decision on a child support matter, each parent has the right to object to the decision and the DHS conducts an internal review of the decision. An objection must be lodged within 28 days of the original decision outlining the grounds relied upon. The other party is given the opportunity to respond.
The Registrar is required to consider the objection and any response within 60 days after the objection is lodged and either disallow the objection or allow it in whole or in part.
Enforcement
The DHS’S approach to collecting overdue child support is guided by the compliance strategy. The DHS has extensive investigative powers to obtain information and evidence as to child support payments. They also has extensive enforcement powers for collection of child support, including:
- Collection from Third Parties (i.e. employer);
- Tax Refund Intercepts;
- Deductions from social security pensions and other benefits;
- Departure Prohibition Orders ( an administrative order preventing parents from leaving Australia until they pay their overdue child support or negotiate a satisfactory payment arrangement); and
- Litigation
When is child support no longer payable?
Child support:
- is usually payable until a child turns 18 years of age. If your child is turning 18 in the year they complete their secondary education your child support may extend to the end of the school year
- may be stopped before a child turns 18 years of age if the child becomes self sufficient, marries or becomes a member of a 'couple
If your child is turning 18 and you need child support payments to continue due to ongoing education, or to provide care for a child with an intellectual disability or physical disability you will need to make an application to DHS.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
- Past Cases
- Good Results
- Happy Clients
Our process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with a specialist lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
- Past Cases
- Good Results
- Happy Clients
The law
The Law
Duty of parents to maintain their children
- 1. The parents of a child have the primary duty to maintain the child.
- 2. Without limiting subsection (1), the duty of a parent to maintain a child:
- a. is not of lower priority than the duty of the parent to maintain any other child or another person; and
- b. has priority over all commitments of the parent other than commitments necessary to enable the parent to support:
- c. is not affected by:
i. himself or herself; and
ii. any other child or another person that the parent has a duty to maintain; and
i. the duty of any other person to maintain the child; or
ii. any entitlement of the child or another person to an income tested pension, allowance or benefit
In Plain English
Child support is financial support paid for a child by a parent to the other parent or carer of the child. Carers can include grandparents, other relatives, or friends, who have the child in their care.
The parent who pays is called the "payer parent". The carer who receives the support is called the "payee parent/carer".
Both parents have a duty to provide financial support for their children, even if the parents were never in a relationship. The Department of Human Services (DHS) (Child Support) is a government agency that looks after child support payments.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
- Past Cases
- Good Results
- Happy Clients
Helpful info
Who must pay?
Parents are responsible for financially providing for their children. This is the case even if you have never lived with the other parent.
If you are a parent and your child lives with someone else all or some of the time, you may be required to pay child support. This will depend on your income, the other person’s income and how much time the child lives with each of you as well as other factors such as whether you have other children you also need to support.
You liability to pay child support arises when there is an “administrative assessment” from DHS or you have entered into a “child support agreement” registered with DHS.
How it works
The DHS Uses a formula to work out how much child support should be paid. The formula takes into account:
- both parents’ income
- if you are supporting other children
- the amount of time you care for the children (your “care levels”)
- the costs of raising children (including the number of children you have and their ages)
- the basic living needs of parents
On the DHS (Child Support) website there is an Estimator which shows you how much child support is likely to be payable.
Child support agreements
Instead of using the Child Support formula assessment, you can reach your own agreement with the other parent. The agreement can be about how much, and in what form child support should be transferred.
There are two legal or formal types of child support agreements – binding child support agreements and limited child support agreements. It is also possible to have an informal or private agreement with the other person about child support.
You should always get legal advice before making a child support agreement, even an informal agreement. An informal agreement can still have an impact on any Centrelink entitlements you may have.
Binding child support agreements
- Are formal agreements, in writing and signed by both parents.
- Can only be entered into on legal advice and must include a statement to the effect that each party has received independent legal advice
- Must include an annexure signed by the person who provided the legal advice
- Can be made for any amount that both parents agree is appropriate.
- The Binding Agreement cannot be varied and can only be terminated. The grounds for terminating a Binding Agreement are limited.
Limited child support agreements:
- Do not require legal advice.
- Must be an administrative assessment in place at the time that the agreement is entered into and the agreement must not provide for payment of periodic child support which is less than the assessment.
- Cannot be varied but can be ended by a new limited or binding agreement or a court order.
- Must be lodged for acceptance with the CSA and accepted by the CSA before the agreement will have any effect.
- One party can give notice to the Registrar after three years to terminate the agreement.
- A party can at any time obtain a notional assessment of child support and if the notional assessment changes then the agreement can be unilaterally terminated.
How to object
Once DHS makes a decision on a child support matter, each parent has the right to object to the decision and the DHS conducts an internal review of the decision. An objection must be lodged within 28 days of the original decision outlining the grounds relied upon. The other party is given the opportunity to respond.
The Registrar is required to consider the objection and any response within 60 days after the objection is lodged and either disallow the objection or allow it in whole or in part.
Enforcement
The DHS’S approach to collecting overdue child support is guided by the compliance strategy. The DHS has extensive investigative powers to obtain information and evidence as to child support payments. They also has extensive enforcement powers for collection of child support, including:
- Collection from Third Parties (i.e. employer);
- Tax Refund Intercepts;
- Deductions from social security pensions and other benefits;
- Departure Prohibition Orders ( an administrative order preventing parents from leaving Australia until they pay their overdue child support or negotiate a satisfactory payment arrangement); and
- Litigation
When is child support no longer payable?
Child support:
- is usually payable until a child turns 18 years of age. If your child is turning 18 in the year they complete their secondary education your child support may extend to the end of the school year
- may be stopped before a child turns 18 years of age if the child becomes self sufficient, marries or becomes a member of a 'couple
If your child is turning 18 and you need child support payments to continue due to ongoing education, or to provide care for a child with an intellectual disability or physical disability you will need to make an application to DHS.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
- Past Cases
- Good Results
- Happy Clients
