Whether you’re paying or receiving child support, understanding your obligations can feel complex and emotionally overwhelming. While most child support matters are managed through Services Australia, some situations may require legal advice, particularly when private agreements, disputes, or changes in circumstances are involved. At Australian Family Lawyers, we offer clear and compassionate guidance to help you navigate the more complex aspects of family law, including parenting arrangements, property settlements, and formalising agreements that support your children’s well-being.
Our family lawyers can assist when specialist legal support is needed as part of your separation or co-parenting journey. We work with clients across Brisbane, Sydney, Melbourne, Perth, and beyond to provide advice that’s tailored to each family’s unique circumstances.
Child support is the process of calculating each parent’s financial contribution to their children in the event of separation or divorce. Child support typically comes in the form of period payments, lump sum payments, payments of expenses, or other property settlement arrangements.
Payments are typically calculated through an assessment and managed through Services Australia, which calculates amounts with a formula based on factors like:
While most child support matters are managed through Services Australia, there are times when legal advice may be helpful, particularly when child support is part of a broader parenting or separation arrangement. Our family lawyers regularly assist with matters like parenting arrangements, property settlements, and formalising agreements that support the wellbeing of children. If your situation involves multiple considerations beyond just child support, we can help you navigate the legal process with clarity and care.
You may benefit from legal advice if:
Our team can guide you through these more involved matters, particularly when child support is part of a broader parenting or separation process. With local firms across Australia, including Brisbane, Sydney, Melbourne, and beyond, our team is ready to provide advice that’s tailored to your family’s needs.
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Child support payments are typically calculated by Services Australia using a formula that considers:
Where possible, parents are encouraged to come to a private agreement about child support. This can be formalised through a Binding Child Support Agreement with legal advice, offering flexibility and certainty.
If there’s a disagreement with the assessed amount or your circumstances have changed, you can apply for a Change of Assessment.
If you’re unhappy with a decision made by Services Australia, you may be able to appeal through the Administrative Appeals Tribunal (AAT).
Once agreements are formalised, either privately or through a decision by the AAT, both parties will know exactly what their obligations are moving forward.
For more details, see our Comprehensive Guide to Child Support Payments in Australia.
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Legally, there are no requirements for what child support covers or does not cover. It is usually a cash transfer from one parent to another, and there’s no limitations on what the recipient can spend it on. However, some of the most common expenditures of child support include:
School fees, uniforms, and equipment
A child’s leisure or sporting activities
Food, housing, rates, and bills
Dental and medical fees
Child support is best applied when parents come to an agreement on prescribed expenses. Generally, it’s fair that you should pay the percentage of expenses that correlates with your time with the children. For example, if you spend 70% of the week with children, you should pay 70% of expenses.
Like everything in the world of family law, there is no set figure for how much child support a parents has to pay the other. Child support assessments are conducted and determined using an 8-step formula. This formula determines the following figures:
Child support income
Parents’ combined income
Parent’s income percentage
Parent’s percentage of care
Parent’s cost percentage
Child support percentage
Costs of children
Child support amount
At the end of the assessment, The Department of Human Services (DOHS) will have a summation of who should pay what. However, this assessment isn’t always fair. When dealing with straight numbers, the DOHS often neglects the human element, and can overlook important mitigating factors.
Your first action should be pursuing a detailed understanding of your situation from a legal professional. Seeking or paying child support can be incredibly stressful, and you owe it to yourself to have a clear view of what’s in front of you. This will allow you to relax and take the correct steps as you move forward.
Here are some questions you might like to ask your child support lawyer at your first meeting:
How do I apply/pay for child support?
Specific to my situation, what are my rights while child support is being assessed?
What can I do to make this process easier on myself?
What is your fee structure?
What are our next steps?
Your child support lawyer will be able to advise you on the course of action. The child support team at Australian Family Lawyers is dedicated to helping you reach the best possible outcome. Reach out to us today for expert advice.
Australian Family Lawyers is a nation-wide team of family law specialists — one of the largest practices in Australia. All of our lawyers are highly trained, boasting unmatched experience in their niche fields of family law. We cover all elements of family law, from child support, to de facto relationships, to property settlement.
As a business, we take pride in cutting through the noise and confusion, and offering clear, concise help. We are here to help you understand your position. We also want to take the stress out of dealing with family matters. That’s why we offer fixed legal fees on certain types of services.
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