Child support is financial support paid by one parent to the other to help with the cost of raising children.  Non-parent carers (such as grandparents) may also be entitled to child support.  Child support is usually paid by way of periodic amounts, but can also be paid by way of non-periodic amounts and/or in a lump sum. 

The child support system in Australia is administered by the child support branch of the Federal Department of Services Australia, referred to as Child Support (formerly referred to as the Child Support Agency).  

The principles governing who pays child support, who receives child support, how much child support is payable and other matters are generally laid out in the Child Support (Assessment) Act and the Child Support (Registration and Collection) Act.

For some, child support can be relatively simple.  However, for others, it can be a minefield.

Administrative Assessment of Child Support

The starting point is that child support for children in Australia is determined by an administrative assessment of child support by Child Support based upon a number of factors, including the respective incomes of the parents, the amount of time the children spend in each parent’s care and the cost of raising children in Australia.  The existence of other dependent children is also relevant. 

Please visit our Resources page for a link to the Services Australia Child Support Calculator.  By inputting the relevant information, you will receive an estimate of child support payable, and by whom, in your family circumstances.

Special Circumstances

Whilst an administrative assessment works well for some Australian families, sometimes it is not sufficient.  For example, a parent’s income may not be properly reflected in their tax returns because they are self-employed, parents may have agreed to educate children privately, a child may have special needs or a parent may have high costs of spending time with a child because they live overseas or interstate.

In special circumstances such as these, a parent may be able to apply to Services Australia and/or the Court to change the administrative assessment of child support.  For example, a parent may apply for a change of assessment, departure determination, departure order or an order that a parent pay non-periodic amounts in addition to periodic amounts.

In some cases, decisions made by Child Support can also be reviewed internally by Child Support, externally by the Administrative Appeals Tribunal (AAT) and, in limited circumstances by the Court. 

We regularly assist clients with their child support arrangements, including advising on the available options and processes, assisting with submissions to Child Support and making applications to the Court where appropriate.

Child Support Agreements

Some families elect to “opt-out” of the child support system and instead have a private agreement about child support.  This can be achieved through a Binding Child Support Agreement (or Limited Child Support Agreement).  These agreements require each parent to have independent legal advice.  

We often prepare and advise upon Binding Child Support Agreements for our clients.

Child Maintenance

Sometimes it is not possible to apply for an administrative assessment of child support because the criteria in the child support legislation cannot be met.  This may occur, for example, where a child is over 18 years of age or where the payer resides overseas in a country which is not a “reciprocating jurisdiction” for child support purposes.  

In circumstances such as this, it may be possible for a party to instead apply to the Court for child maintenance orders.

Adult Child Maintenance

In limited circumstances, a party may be required to pay “adult child maintenance” for a child who is over 18 years of age.

Adult child maintenance may be ordered by the Court if it is satisfied that the provision of maintenance is necessary to enable the child to complete his or her education or because of a physical or mental disability of the child.

Step-Parent Maintenance

Parents have a primary duty to maintain their children.  However, in limited circumstances, the Court may determine that it is proper for a step-parent to have a duty to maintain a step-child.