Child Support

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Child support

When parents separate, child support ensures that both parents continue to financially support their children. 

The premise behind child support is that children have their proper needs met from reasonable and adequate shares in the income and financial resources of both their parents and that parents share equitably in the financial support of their children. 

Child support ensures children have their proper needs met and that parents share equitably in the financial support of their children. 

In cases where children do not live with either of their parents, child support may be payable to non-parent carers, such as a legal guardian or carer. 

Child support is a complex area of law governed by the Child Support (Assessment) Act and the Child Support (Registration and Collection) Act.

How support is determined

Parents can choose to make their own private child support arrangements or, if they can’t agree, an application may need to be made for an administrative child support assessment via Services Australia (formerly known as the Child Support Agency). Child support is not usually determined by the Court, and it is a separate legal issue to your parenting arrangements and property settlement.

Complicating factors

In many cases, child support is straightforward.

However, things can get complicated if parents are self-employed business owners or investors, there are high costs associated with a certain child or children (such as children with additional needs), there are high costs associated with arrangements for children to spend time with one parent, parents have agreed to send their children to private schools, or there are other factors in existence that impact on an administrative assessment made by Services Australia.

Administrative assessments

If you apply for an administrative assessment of child support, the amount of child support payable by one parent to the other is based on a calculation that takes into account each parent’s income, the number and ages of the children, whether either parent supports additional children, and the amount of time the children spend with each parent.

Services Australia has a Child Support Estimator which may help you to understand what level of child support may be payable.

Child support that is assessed administratively can either be paid privately or collected by Services Australia and then paid to the recipient parent. In many cases, Services Australia collects child support directly from the paying party’s employer.

We can discuss your child support options and rights with you.

Hulse Family Law, experts in Child Support matters
‘Special Circumstances’ and Child Support Departure Orders

In some cases, a parent may be able to apply to Services Australia and subsequently the Court to seek a change or departure from an administrative assessment of child support.

Such applications are commonly made when there are special needs of a child, or high costs involved in enabling a parent to spend time with, or communicate with, their children.

Binding and Limited Agreements

Many parents choose to make their own private child support arrangements and make agreements to share in certain costs for their child or children in a way that works for them. 

Private child support arrangements are only enforceable if they are documented in a Binding Child Support Agreement, or Limited Child Support Agreement. 

Importantly, such arrangements are only enforceable if they are documented in a Binding Child Support Agreement, or Limited Child Support Agreement. Both types of agreements can be registered with Services Australia, provided they are carefully and properly prepared.

We regularly assist clients in the negotiation and preparation of Binding and Limited Child Support Agreements.

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