After separation you and your partner, whether married or de facto can reach an amicable agreement about the type and level of child support or maintenance that is paid from one parent to the other. Agreements as to child maintenance can be formalized through the preparation and signing of a Binding Child Support Agreement or a non Binding Child Support Agreement. These agreements allow parents flexibility as to the type, amount and length of time child support is paid from one parent to the other.

If parents do not agree or do not wish to put a private arrangement in place, then a parent is entitled to lodge an Application for Child Support through the Child Support Agency. The assessment and determination as to the level of Child Support is an internal government procedure and is not handled through the Family Court system.

After the initial Application has been lodged with the Child Support Agency, an Assessment Notice will usually issue several weeks later. This will tell you how much you are to receive/pay each month and about your rights relating to the payment/receipt of Child Support.

The Child Support Act has a formula to calculate the amount of child support that would be paid by a parent in any given situation depending upon the income of both parents, the number of children, the ages of children and the number of nights that the child spends with each parent.

The Child Support Act is a complex and difficult piece of legislation and if you have difficulties, you should seek specific advice from us about your Child Support predicament.

There are provisions in the Child Support Act that allow parents to seek an internal (non court) variation of the amount of child support depending upon the circumstances. Certain grounds must be made out before a Departure Order will be made from the normal formula.

More information as to Child Support including a helpful calculator can be found on the Child Support Agency website at www.csa.gov.au.

Disclaimer
Our website does not give legal advice.
The information on this website, together with the information sheets, is produced by Hartley Healy Lawyers. It provides general information only on relevant topics of interest in relation to Family Law current at the time it is produced. No reliance should be placed on such general information as contained on this site and in the information sheets and legal advice should be sought about the particular circumstances of your particular case.