Child Support

Legislation governing the administration and assessment of child support in Australia provides for the primary carer of a child or children to make a claim for child support from the other parent.

It can be payable regardless of whether the parents were ever in a relationship

Services Australia is responsible for reviewing applications, assessing the amount of support which should be paid by each parent and the collection and enforcement of child support payments.

The assessment of child support is based on a formula which takes into account each parent’s income, the number of children, the age of the children and their living arrangements.

Parties can agree to private collections between themselves, or agency collection, wherever the Agency collects the money on behalf of the person receiving the payments.

If you require information as to what is in your best interests with respect to the collection of child support, call Maude Family Lawyers for a consultation.

What Does The Agency Consider?

The assessment by the agency takes the following factors into account:

  • the annual taxable income of both parents;
  • the age of each child; and
  • the care arrangements for the children.

Generally, if a parent’s share of the combined income is more than their percentage of care of the children then they will pay child support. Alternatively, if the parent’s share of the combined income is less than his/her percentage of care of the children then they will receive child support.

The costs of living expenses of each child are based on research into how much parents usually spend on children in Australia.

What Happens After an Assessment?

Once you receive an assessment from the agency you can either continue to manage your payments amongst yourselves or have the agency administer the payment.

The agency has the power to enforce a parent’s payment obligations. If the parent who has an obligation to pay child support does not do so, the agency can seek that parent’s employer to deduct the amount payable from his/her income.

The agency can also initiate proceedings in the Federal Circuit Court of Australia to enforce the child support obligation.

If you require any legal advice on child support or any other legal matter, contact Maude Family Lawyers.