Child Support Law Questions

All parents are legally required to contribute financially to their child’s upbringing. The Australian child support system is designed to provide financial support for children after parental separation. Below, we address some of the most common questions about child support, including how it is calculated, who pays who, and what happens in cases of non-payment.

What is child support?

Child support is a financial contribution made by one parent to another (or by either or both parents to someone who is acting as primary caregiver) to assist with the costs of raising their child. Generally, the parent who has less time with the child or a higher income is responsible for making payments to the other parent.

Who is eligible to receive it?

To qualify, a child must be under 18 years of age and an Australian resident or a resident of a country with reciprocal child support arrangements. These apply only when the parents live apart.

How much is child support?

The amount a parent is required to pay depends on their income, the proportion of time they care for the child, and whether they have other financial dependents. A child support payment is intended to be enough to contribute to essential expenses such as food, housing, clothing, medical care, education, and reasonable extracurricular activities. The formula also accounts for child-specific expenses, such as medical treatments, education costs, and special needs. Services Australia provides an online calculator that parents can use to estimate potential child support payments.

How do you apply?

Parents can establish child support through either a private agreement or through an administrative assessment. A Child Support Agreement is a legally binding document that specifies the amount, frequency, and method of payment. For this agreement to be enforceable, both parents must receive independent legal advice before signing. If an agreement cannot be reached privately, a parent can apply for an Assessment through Services Australia which will determine the payment amount using a legislated formula.

Can it be used for the receiving parent’s personal expenses?

Importantly, child support is not meant to provide financial support to the receiving parent. It must only be used for the child’s upbringing. If a parent is suspected of misusing child support funds, the paying parent can request an investigation through Services Australia or apply to the court for a reassessment. If misuse is proven, the court may adjust future payments or impose penalties on the offending parent.

Does it cover private school fees?

Private school fees are not automatically included in a standard Assessment. However, a parent may apply to have private education costs factored into the payment if there was a prior agreement between both parents regarding private schooling. The court will consider whether the parents had historically funded private education and whether continuing this arrangement is financially viable. If no prior agreement exists, the court is unlikely to enforce private school payments unless a parent can prove that private education is necessary for the child’s well-being.

Can payments be changed?

Payments are not fixed and can be adjusted if circumstances change. Either parent can apply for a reassessment through Services Australia (or the court) if there is a significant change in income, an increase in child-related expenses, or a change in care arrangements. For example, if a paying parent loses their job, they may seek a reduction in payments. Conversely, if a child develops special medical or educational needs, the receiving parent may request an increase in child support. Any modification must be justified with appropriate evidence.

What happens if a parent fails to pay?

Failure to pay child support can result in serious legal consequences. If a parent does not meet their obligations and has not applied for a reassessment, Services Australia and the courts have several enforcement measures at their disposal. These include wage garnishment, tax refund interception, asset seizure, and in extreme cases, criminal penalties. In some instances, unpaid child support can also lead to travel restrictions, where the non-paying parent is prohibited from leaving the country until the debt is settled. Parents who are struggling to meet their obligations should seek legal advice and apply for a reassessment rather than default on payments.

When do payments end?

Child support generally continues until the child turns 18 years old. However, payments may extend beyond this age if the child is still in full-time secondary education or has special needs that require ongoing financial support. Conversely, child support may end before the child turns 18 if they become financially independent, marry, enter a de facto relationship, or are legally emancipated. If a parent believes child support should no longer be required, they must apply to the court for an official determination.

Do you need a lawyer?

While applications can be handled independently, legal advice is highly recommended, especially in complex cases involving disputes, non-payment, or modifications to existing agreements. An experienced family lawyer can help parents negotiate fair arrangements, ensure accurate calculations, and represent them in court if necessary.

If you need assistance with child support matters, Go To Court Lawyers can help on 1300 636 846.