Child Support in Australia
In Australia, child support is governed by the Child Support (Assessment) Act 1989, which establishes that every parent has a primary duty to financially maintain their children. The system is designed to ensure that children continue to receive proper financial support after parents separate, regardless of the nature of the relationship between the parents.
How Child Support Is Calculated
Child support is assessed and administered by Services Australia (Child Support). The amount payable is determined using a complex formula that considers factors such as:
- The income of each parent
- The number and ages of the children
- The percentage of care (measured by the number of nights the children spend with each parent)
Because the formula can be difficult to understand, Services Australia provides an online child support estimator to give parents an idea of likely payments. However, individual circumstances can vary, and legal advice is often valuable to fully understand rights and obligations.
Child Support Agreements
While the administrative system provides structure, many parents prefer to enter into their own child support agreement. This can offer:
- Greater flexibility – allowing parents to tailor arrangements to suit their family’s needs
- Certainty – providing stability and clarity for both parents and children
- Control – avoiding reliance on the Department’s formula or ongoing reassessments
There are two types of child support agreements:
- Limited Child Support Agreements – less formal, can be registered with Services Australia but are easier to end.
- Binding Child Support Agreements – legally enforceable, offering stronger certainty. To enter one, both parents must obtain independent legal advice from lawyers who will explain the advantages and disadvantages and provide signed certificates confirming that advice.
Why Legal Advice Matters
Child support arrangements have long-term financial and legal consequences. At Parke Lawyers, our expert child support lawyers can:
- Explain how the formula works in your specific circumstances
- Help you negotiate and draft a fair child support agreement
- Provide the required legal advice and certificates for binding agreements
- Represent you in disputes or reviews of child support assessments
Our Commitment to Clients
We understand that child support can be a sensitive and sometimes contentious issue. Our team provides practical, compassionate advice to help parents reach workable solutions that prioritise the wellbeing of their children while ensuring fairness for both parties.
