Child Support

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Following separation, parents are legally obligated to provide financial support for their children, irrespective of the child's primary residence or the geographical location of the parties and/or the child, whether within Australia or overseas.

The term ‘Child Support’ involves financial payments made from one parent to another to contribute towards the upbringing and expenses of their child.

Child support arrangements can be managed through two avenues: either via a Child Support Assessment issued by the Child Support Agency (CSA) or through a private agreement.

The Child Support Assessment Scheme applies to children below the age of eighteen (18) years, and in particular cases, to those older than eighteen (18) years. The CSA operates under the Commonwealth Department of Human Services and is involved in information sharing with other government agencies such as Centrelink and the Australian Tax Office to ensure that Assessments for child support are able to be as accurate as possible.

Broadly speaking, child support is determined using a formula considering factors such as:

  • the number of nights each parent spends with the children; 

  • the parents’ respective incomes; and 

  • the presence of other dependent children. 

If you believe a child support assessment does not accurately reflect your circumstances or those of the other party, we can assist you in seeking a review of the assessment.

CHILD SUPPORT AGREEMENTS

Parents are also able to opt for private agreements to arrange child support. These agreements may cover periodic payments and non-periodic payments such as health insurance, school fees, educational costs, extra-curricular costs, as well as medical, dental, orthodontic, optical, pharmaceutical costs. 

Child Support Agreement can be either Limited or Binding. Limited agreements may be terminated under specific circumstances, including after three (3) years since their inception, while Binding agreements typically endure until the child reaches eighteen years of age, or finishes school whichever is the latter.

Child Support Agreements are intricate documents requiring careful drafting to ensure their efficacy and compliance with the law. Please contact our office today to discuss your child support options with one of our experienced family law team.