Child Support
Child Support ensures that separated couples and their children enjoy a similar standard of living in both households and that children are financially supported by both of their parents, regardless of how much time they might spend with either.
These Matters are Handled By the Child Support Agency
The Child Support Agency (“the Agency”) is the Federal Government department that oversees child support. They determine who pays child support, and how much.
The formula the Agency relies on is based on the general needs of the children, divided between the parents and is based on each parent’s income as well as how often the children are in that parent’s care.
It is administered by the Child Support Agency, and there are strong links between Centrelink, the Australian Taxation Office, and the Child Support Agency.
Parents can have their Child Support Assessments reviewed by the Child Support Agency, the Social Security’s Appeal Tribunal, and the Federal Circuit Court if they feel the assessment may be wrong.
To make an application for child support, you must do so by completing an Application for Child Support, this can be done online.
How we can help
If you have a dispute relating to child support, contact us for an obligation-free consultation to discuss your issues in detail with a specialist family law solicitor.
Private Child Support Agreements
In certain circumstances, parents can also make private Binding Child Support Agreements, that bypass the Agency.
Binding Child Support Agreements (“Agreements”) enable parents to agree on how much (if any) child support is paid, and what it is applied to. Parents can agree that the payer of child support pays for items such as private school fees, car payments, mortgage repayments, extra-curricular activities and private health cover.
These very important Agreements should not be entered into without proper legal advice. A lawyer for each parent must execute a Certificate confirming they have given a parent independent legal advice for the Agreement to be binding.
Once signed, the agreements are usually registered with the Child Support Agency.
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