Our child support lawyers can assist with a variety of issues. This may include facilitating negotiations and representing you in court, through to ensuring compliance with child support orders. We focus on creating fair and compliant child support arrangements while prioritising the child’s best interests. If you need help with any aspect of child support, take advantage of our FREE phone consultation to speak to a family lawyer and discuss your situation. Offices in North Sydney and Rozelle.
As a team of Child Support lawyers in Sydney, O’Loan Family Law understands that having a child is a big responsibility, especially when children are not living with you in the event of separation. It is even bigger when you are responsible for paying child support to another parent. If you are struggling to pay child support, we can help you sort out the details of your case and negotiate a fair settlement during this difficult time.
We are dedicated to helping parents navigate the legal process of establishing and enforcing child support orders. Our team is committed to providing quality representation to both parties involved in these cases. This means we’ll fight for your rights and advocate for your interests in your child support matters.
In Australia, parents who share parenting responsibilities equally are entitled to receive equal financial assistance from their partner or former partner. This is called shared parental responsibility (SPR). If both parties agree to split the costs of raising children, they can apply for child support payments.
Child support is a financial obligation imposed on parents who have children under 18 years old. The amount varies depending on the number of children, their ages, and whether they live with both parents or only one parent.
Child support is paid directly to the parent who has primary care for the child. The amount varies depending on the number of children involved and whether the parents live together or apart.
There are two main categories of Child Support arrangements in Australia: income-based and time-based. Income-based child support is calculated using the federal government guidelines and is paid directly into the recipient’s bank account every fortnight. Time-based child support is usually paid weekly or biweekly and is deducted from the pay of the noncustodial parent.
Income based child support is generally higher than time-based child support because it considers the cost of raising children.
Time based child support is usually paid weekly or biweekly. In some states, such as New South Wales, there is no difference between the two forms of child support.
There are a few different collection methods for Child Support payments.
This involves private child support agreements between the parents without the involvement of Services Australia. This is a good option for parents who have an amicable separation and can discuss financial support directly with each other and do not require mediation. Payment of child support through this method is self-managed, so the parents will not be eligible for more than a base rate Centrelink benefit.
This occurs when the case is registered with Services Australia or an agreement through the court that has set the amount.
In this instance, Services Australia will determine how the parents pay, when the parents pay and the collection method. Child Support debts can be enforced by Services Australia.
Child Support is a financial obligation imposed upon parents who fail to provide adequate care for their children. The amount of Child Support paid varies from state to state. In some states, the amount of Child Support is determined by the court system. Other states require the parties involved to agree on the amount of Child Support prior to going to court.
You can calculate the amount of Child Support you owe using our Child Support calculator / estimator. The Child Support estimator helps you determine the amount of Child Support owed and the percentage of income you should pay towards your child.
There is an 8-step process of the basic Child Support formula outlined below:
A parent’s dependent child can be their biological child or adopted child, or in limited circumstances, their stepchild. Services Australia will calculate each parent’s child support income.
This is calculated by adding together the parents’ child support income. The Australian Taxation Office will provide Services Australia with the parents’ tax returns and taxable income.
Each parent’s income percentage is calculated by dividing the parent’s child support income by the combined child support income.
This is calculated based on a carer parent or non-parent carer’s percentage of care. This is the percentage of time a carer parent or non-parent carer is likely to have care of the child over the care period.
This involves calculating each parent’s cost percentage.
Services Australia subtracts the cost percentage from the income percentage for each parent. The result will determine if a parent pays or gets child support.
The cost of the child is calculated based on the parents’ combined total income.
This is calculated by multiplying the positive child support percentage by the costs of the child.
Child support may be paid to a parent, or in some cases to a non-parent carer, who has care of a child at least 35% of the time. Eligibility and payment amounts are assessed by Services Australia (formerly the Child Support Agency, and later the Department of Human Services), which administers child support arrangements in Australia.
Parents can apply for an administrative assessment through Services Australia, negotiate a Limited or Binding Child Support Agreement, or seek a court-based outcome where an agreement can’t be reached. Our child support lawyers can advise on which pathway best suits your circumstances and help you negotiate or formalise an arrangement that reflects your child’s needs.
If the paying parent falls behind, Services Australia has a range of enforcement tools available where a case is registered with them for collection. These can include deducting payments directly from wages or Centrelink benefits, intercepting tax refunds, garnisheeing bank accounts, and issuing departure prohibition orders that prevent the parent from leaving Australia until the debt is addressed. In more serious or ongoing cases, Services Australia can also pursue debt recovery through the courts.
If you’re the receiving parent and payments aren’t being made, the first step is usually to check whether your case is registered for Child Support Collect, as self-managed (private collection) arrangements don’t have the same enforcement options behind them. Our child support lawyers can help you understand which collection method applies to your situation and what steps are available to recover unpaid child support.
Child Support is based on the number of children you have, how old they are, and the financial circumstances of each parent. The amount of child support you receive depends on the state where you live and whether you have custody or visitation rights.
If you disagree with child support decisions, you should contact the court and ask for a review. The judge may decide to change the amount of money they have ordered you to pay.
A parent can also contact Services Australia for an internal review of assessments of Child Support contributions
If there is an allegation of family violence, you should wait to make a Child Support assessment until you have a comprehensive understanding of the process. You may be eligible for other benefit payments.
Parents will need legal advice if they enter into a Binding Agreement or if they want a court order. Whether you are facing a divorce, paternity suit, or another case involving child custody and visitation, we are here to help. Feel free to contact us to schedule an obligation-free complimentary call to discuss how we can provide you with the appropriate legal advice for your Child Support issues. As Family Law specialists, we will try our best to provide you with a favourable outcome in your family law matter.
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