child support

In Australia, “child support” or “child maintenance” is an ongoing financial obligation by a parent for the benefit of their child(ren).

While this obligation is usually for children under the age of 18, there are special circumstances where the support can be paid for the benefit of a child(ren) that is over that age of 18.

support for children under 18

The Family Law Courts and Australia government consider that each parent has the obligation to maintain their child(ren) financially, by paying for their food, housing, clothing, activities and cost associated with schooling, so that the child(ren) can achieve their fill potential.

Child support is determined by agreement between parents, or through assessment via the Child Support Agency. In any event, it is incredibly important that child support arrangements are formalised through the CSA or by entering into a Binding Child Support Agreement.

When assessing the required sum of child support payable by either parent, the CSA uses a formula which takes into account the number of child(ren), the income of each parent and the time the child(ren) spends with each parent. The assessed amount determined by the CSA is not static, and usually varies each year as income changes for each parent.

Once the CSA provides its formal assessment, the paying parent can either provide the assessed period payment directly to the other party privately, or the CSA can collect the payments on behalf of the child(ren). If private payment is made by a parent, it is strongly recommended that a record of these payments is kept (i.e., who received the payment, who the payment was for, and the amount paid).

For more information, see the Australian Department of Human Services website.

If you believe that you are either paying too much child support, or that the assessment by the CSA is inaccurate (i.e., causing the paying parent to provide too little), there are circumstances where once can apply for the CSA assessment to be varied. For example, a variation could be accepted in circumstances where the paying parent is also solely responsible for the child(ren)’s private school costs, special needs or the child(ren)’s extra curricula activities. Another example is where a child has an unusual earing capacity, such as receipt of an income.

binding child support agreement

Alternative to having the CSA provide a formal assessment, yourself and the child(ren)’s other parent can elect to enter into a Binding Child Support Agreement. This is a private agreement between parties which dictates the payments to be made, which includes:

  • The type of payment (or combination thereof), for example:

    • Periodic payments made on a weekly or fortnightly basis;

    • Non-periodic payments made occasionally for a particular thing, but not on a regular basis (i.e. lump sum payments for school fees, uniforms, etc); and/or

    • Directly to a third party, such as the child’s school or directly to the child’s private health care provider;

  • The amount;

  • The frequency; and

  • The method of payment.

Once a Binding Child Support Agreement is executed by the parties, it cannot be varied other than by written agreement. Even if a party is unable to provide the financial assistance required, they are still bound to make such payments.

We are able to assist with:

  • changing an existing assessment through the CSA;

  • applying, in special circumstances, for support through Family or Federal Circuit Court; and/or

  • having the parties enter into a private agreement (by negotiating and drafting the relevant document, and submitting it to the CSA so no further assessment can be made).

support for children over 18

A child over 18 years of age is suitable for adult child maintenance from their parents if:

  • the child is completing secondary or tertiary education;

  • the child has a serious illness; or

  • the child has a physical and/or mental disability.

If an adult child’s circumstances fall into the categories above, either the adult child or a parent can apply for adult child maintenance against the other parent. How much maintenance is paid depends on an array of factors such as:

  • the necessary expenses of the adult child;

  • the capacity of the parent to pay; and

  • the amount a parent needs to support themselves or anyone else they have a duty for.

It is always relevant if the adult child is attempting to secure financial independence and pay for some of their own expenses. Notwithstanding this, the Court will take into account their personal circumstances, their work commitments and education requirements, or any other commitment, that may prevent or hinder this.

In making an application for adult child maintenance, there are two primary methods you can take through the Court, namely:

  • file orders by consent (i.e. you agree on the specific payments to be made and formalise the arrangements); or

  • make a Court application (i.e. the Court will determine how much maintenance should be awarded).

If you believe you or your adult child may be entitled to adult child maintenance, we can assist in evaluating which method will be most suited to your circumstances and assist you in a timely and cost effective manner.