Services

Child Support

Both parents are responsible for supporting their children financially, whether they are still together or not. After separation, this support is usually paid by one parent to the other as child support. The amount can be set by a formula or by an agreement between you and the other parent.

At Empower Family Law & Mediation, we can help you understand your options, protect your position and reach an arrangement that works for your family.

How is child support worked out?

In most cases, Services Australia assesses and administers child support using a formula that takes into account:

• each parent’s income;
• the number of nights each parent cares for the children;
• the number and ages of the children; and
• whether either parent supports other children.

Services Australia can also collect payments and take action to recover child support that isn’t paid. You can get an indication of the likely amount using the Services Australia child support estimator. However, a formula result may not suit your circumstances, and that is where we can help.

Child Support Estimator

Your options

Depending on your circumstances, your options include:

• Accepting the Services Australia assessment.
• Asking Services Australia to change the assessment because of a recognised special reason.
• Making a Limited Child Support Agreement or a Binding Child Support Agreement with the other parent; or
• In certain circumstances, asking the Court to depart from an assessment or make orders about support.

How long does child support last?

Child support generally ends when a child turns 18. If your child is still in full-time secondary school, you may be able to ask for the assessment to continue until the end of the school year, but the application must be made before the child turns 18. After that, the Court can order financial support for an adult child only in limited circumstances, such as to allow them to finish their education or because of a disability.

What if the formula doesn’t fit my situation?

If the assessment doesn’t fairly reflect your circumstances, you may be able to:

• Apply to Services Australia for a change of assessment. This must be based on one of the special reasons set out in the legislation, for example high costs of enabling a child to spend time with a parent, child care or education costs, a child’s special needs, or a parent’s income, earning capacity, property or financial resources.
• Object to a Services Australia decision you believe is wrong. Strict time limits apply (generally 28 days), and a further review by the Administrative Review Tribunal may be available.
• Ask the Court for a departure order. In certain circumstances, the Federal Circuit and Family Court of Australia can depart from an assessment if it is satisfied that a recognised reason applies and that it is just and equitable to do so.

Time limits are strict and delay can limit how far back a change applies, so it is important to get advice early.

Can we agree on child support ourselves?

Yes. Many parents prefer to reach their own arrangement, which can also cover costs the formula doesn’t, such as private school fees, health insurance, and medical and orthodontic expenses. There are two types of formal agreement:

• Limited Child Support Agreement. Made alongside an existing assessment, with payments of at least the assessed amount. Independent legal advice is not required.
• Binding Child Support Agreement. Not tied to the formula, so the amount can be higher or lower. Each parent must receive independent legal advice, with a certificate from each lawyer. It is difficult to end or set aside.

A binding agreement can give both parents certainty, but it is hard to undo, so please talk to us before you sign anything. Arrangements made informally, without a formal agreement, can’t be enforced through Services Australia.

A note on safety

If there is family violence, or you are worried about your safety, please let us know. If you are in immediate danger, please call 000.

Services Australia also has options for parents who don’t want to deal directly with the other parent.

How we can help

At Empower Family Law & Mediation, we have the experience to help you seek a child support arrangement that suits your circumstances, whether through negotiation, mediation or a formal agreement.

If we can’t reach agreement, we can guide you through challenging or changing an assessment, including Court proceedings where necessary. Please contact us on (03) 7020 6542 to discuss your options.

FAQ’s

How do I apply for an assessment?

Either parent can apply to Services Australia. You will need details about both parents, the children and the care arrangements. We can help you gather what is needed.

What if our care arrangements or incomes change?

Tell Services Australia promptly. A change in care can alter the assessment, and income estimates can be updated. Failing to update details can lead to a debt later.

Can we pay each other directly?

Yes. You can choose Private Collect, where you deal directly with each other, or Child Support Collect, where Services Australia collects and transfers payments. The right choice depends on your circumstances and your relationship.

What happens if the other parent doesn’t pay?

Services Australia can take enforcement action, such as withholding money from wages, intercepting tax refunds and pursuing Court action. We can advise you on your options, including where you have a private arrangement or agreement.

Does child support cover school fees and medical costs?

Child support is a contribution towards the costs of raising a child and is not itemised. Extra costs can be dealt with in a child support agreement or, in some cases, through a change of assessment.

Do I need a lawyer?

You don’t need a lawyer to obtain an assessment, but you must have independent legal advice to make a binding agreement. Advice is also strongly recommended before challenging an assessment or ending an agreement.

Speak with us

Your first 30-minute consultation is free. Call (03) 7020 6542 or contact our team to discuss your circumstances and next steps.

Phone: (03) 7020 6542

Email: info@empowerfamilylaw.com.au

Let us be your voice in troubled times.

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