Our Family Law Services

 

Child Support

Child support is generally payable in accordance with a formula contained in the Child Support (Assessment) Act 1989. Either parent, or in some circumstances a person who cares for a child who is not a parent, can apply to Services Australia – Child Support ("CSA") to make an assessment of the amount payable. 

If a parent wants to vary a child support assessment, he or she must usually apply for a review of the decision made by the CSA. Some decisions may also be reviewed by the Administrative Appeals Tribunal. There are limited circumstances in which a child support assessment may be varied and there are time limits for such applications. 

A variation from a child support assessment can also be made by the Family Court of Australia or Federal Circuit Court of Australia if there are other proceedings pending in the Court. With the pending merger of these Courts, there may be some consequential reforms to the procedures for applications to the Court for departure from a formula assessment of child support. 

The Court can also make orders regarding support of children in situations which are not covered by the child support scheme, for example, if:

  1. the child is over 18 years of age; and/or

  2. the prospective payer lives overseas in a country where there are no reciprocal arrangements with Australia's child support scheme.

Claiming Child Support 

An application for a child support assessment may be made by telephoning Services Australia or by completing and lodging an application form on the Services Australia website:

https://www.servicesaustralia.gov.au/individuals/services/child-support/child-support-assessment/how-apply#a3

If an application for child support is accepted by the CSA, the amount of child support payable will be calculated from the date the application for child support was made.

Child Support Calculation

The formula used to calculate the amount payable under an assessment takes into account each parent's income, the amount of care each parent has of a child and the costs of caring for the child.

An estimate of the amount of the assessment may be obtained using the "Child Support Estimator" available on the following website:

https://processing.csa.gov.au/estimator/About.aspx

Child Support and Centrelink

Family Tax Benefit Part A is paid to many parents receiving child support and may be adjusted on the basis of child support received or, in some circumstances, on the amount of child support that would have been received if an assessment had been in place.

Child Support Payments

Once an assessment has been made, the amount of child support can be paid directly to the person receiving the child support ("payee") or, if the payee so elects, collected by the CSA.

If payments are not made in accordance with the assessment they can be enforced by the  CSA or, in some circumstances, the payee. The CSA has very wide powers to enforce payments including the ability to garnishee wages and bank accounts, to seize tax refunds and to prevent payers with child support liabilities from leaving the country. There can also be penalties for late payments.

Child Support Agreements

As an alternative to applying for a child support assessment from the CSA, parents can enter into different types of Child Support Agreements. These can be either long term or short term Agreements. 

In general, both types of agreements set out the level of financial support to be provided by one parent to the other for the child or children and how that support is to be paid. For example, Agreements can provide for an amount of child support to be paid periodically in accordance with the assessed amount or otherwise in a fixed amount. Agreements can also set out how expenses such as school fees, health insurance and medical expenses are to be paid. Child Support Agreements can be registered with CSA, making the private consent arrangements enforceable. 

If a parent receives Centrelink payments or lives overseas, special rules may apply.

How Pearson Emerson Can Help 

The child support scheme can be a difficult system to navigate. We are able to advise you as to your rights under the scheme, whether an application for an assessment should be made and, if so, the timing of that application and whether there are any specific issues which may arise for you as a result of your particular circumstances. We are also able to provide advice and assistance if an application for a review of the assessment is made.

Negotiating the terms of Child Support Agreements forms a large part of our work, often as part of an overall financial settlement with the other parent. It is a requirement of a Binding Child Support Agreement that each party seek independent legal advice about the Agreement and obtain a certificate confirming that such advice has been given.

We are also able to assist in relation to enforcement of child support obligations, whether in Australia or overseas. 

Please contact Pearson Emerson to obtain detailed advice regarding your child support matter.