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.
In most cases, Services Australia assesses and administers child support using a formula that takes into account:
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.
Depending on your circumstances, your options include:
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.
If the assessment doesn’t fairly reflect your circumstances, you may be able to:
Time limits are strict and delay can limit how far back a change applies, so it is important to get advice early.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
