Child support is the financial contribution that parents make toward the costs of raising their children after separation or divorce. Understanding your rights and obligations regarding child support ensures children receive appropriate financial support while maintaining fair arrangements for both parents.
What is Child Support?
Child support is the ongoing financial support paid by one parent to another for the care and support of their children. In Australia, child support is governed by the Child Support (Assessment) Act 1989 and administered by Services Australia's Child Support Program.
How Child Support is Calculated
Child support is calculated using a formula that considers:
- Income of Both Parents: Adjusted taxable income including salary, wages, and other income
- Number of Children: How many children need support
- Care Arrangements: How much time children spend with each parent
- Other Relevant Children: Other children parents have responsibility for
- Costs of Children: The estimated cost of raising children
Types of Child Support Arrangements
There are different ways to arrange child support:
- Administrative Assessment: Services Australia calculates and collects support
- Child Support Agreement: Parents make their own binding agreement
- Court Orders: Family Court makes orders about child support
- Private Collection: Parents arrange payments between themselves
Child Support Agreements
Parents can make binding agreements about child support:
- Binding Child Support Agreements: Require independent legal advice
- Limited Child Support Agreements: Less formal agreements
- Benefits: Flexibility, certainty, and control over arrangements
- Requirements: Must meet legal requirements to be valid
"Child support ensures children receive financial support from both parents, helping to maintain their standard of living and meet their needs after family breakdown."
Variations to Child Support
Child support assessments can be varied in certain circumstances:
- Change of Assessment: Applying for a different assessment amount
- Administrative Variations: Automatic adjustments for income changes
- Departure Orders: Court orders for different amounts
- Reasons for Variation: Special circumstances affecting the assessment
Grounds for Change of Assessment
Applications to vary child support may be made for:
- High costs of contact with children
- High costs for a child with special needs
- Income, earning capacity, or financial resources
- Property interests or financial resources
- Unreasonable refusal by payee to work
- Child over 12 refusing contact
- Substantial care arrangements
Enforcement of Child Support
Services Australia has various enforcement powers:
- Salary Deduction: Direct deduction from wages
- Tax Intercepts: Capturing tax refunds
- Asset Seizure: Selling assets to recover debts
- Credit Reporting: Reporting defaults to credit agencies
- Departure Prohibition: Preventing overseas travel
- Imprisonment: In extreme cases of non-compliance
Care Percentage and Child Support
The amount of care each parent provides affects child support:
- Care Percentage: Based on number of nights per year
- Regular Care Pattern: Consistent care arrangements
- Disputed Care: When parents disagree about care levels
- Care Determinations: Formal decisions about care percentages
Income Assessment for Child Support
Various types of income are considered:
- Salary and Wages: Employment income
- Business Income: Profit from business activities
- Investment Income: Dividends, rent, and interest
- Government Benefits: Some benefits are included
- Fringe Benefits: Non-cash employment benefits
- Deemed Income: Income attributed for certain assets
Child Support and Family Tax Benefits
Child support interacts with government benefits:
- Family Tax Benefit calculations consider child support
- Maintenance income test applies to child support received
- Non-payment of child support can affect FTB eligibility
- Collecting child support through Services Australia provides benefits
International Child Support
Special arrangements exist for international cases:
- Reciprocal Arrangements: Agreements with other countries
- Hague Convention: International recovery of child support
- Overseas Income: Including foreign income in assessments
- Currency Conversions: Converting foreign currency amounts
Child Support Disputes
Common disputes include:
- Disagreements about income levels
- Disputes over care arrangements
- Applications for assessment variations
- Enforcement and collection issues
- Validity of child support agreements
- Departure from assessment applications
Court Orders for Child Support
The Family Court can make orders about child support when:
- Parents agree on different arrangements
- Special circumstances exist
- Departure from formula assessment is appropriate
- International elements are involved
- Complex property settlements affect child support
Our Child Support Services
At Jarrah Legal, we provide comprehensive child support services including:
- Advice on child support assessments and obligations
- Assistance with child support agreement preparation
- Applications for variation of assessments
- Representation in child support disputes
- Court applications for departure orders
- Enforcement and collection assistance
- International child support matters
- Integration of child support with property settlements
Contact Jarrah Legal today to ensure your child support arrangements are fair, appropriate, and properly protect your children's financial interests.