Child Support is about ensuring that separated couples and their children enjoy a similar standard of living in both households and that children are financially supported by both of their parents, regardless of how much time they might spend with either parent.
The Child Support Agency (“the Agency”) is the Federal Government department that oversees who pays child support, and how much.
The formula relied upon by the Agency is about the general needs of children, divided between the parents based upon each parent’s income and how often the children are in that parent’s care.
It is administered by the Child Support Agency, and there are strong links between Centrelink, the Australian Taxation Office and the Child Support Agency.
Parents can have Child Support Assessments reviewed by the Child Support Agency, the Social Security’s Appeal Tribunal and the Federal Circuit Court if they feel the assessment is wrong.
To make an application for child support, you must do so by completing an Application for Child Support, this can be done online.
Private Child Support Agreements
Parents can also make private Binding Child Support Agreements, that bypass the Agency in certain circumstances.
Binding Child Support Agreements (“Agreements”) enable parents to agree how much (if any) child support is paid, and what it is applied to. Parents can agree that the payer of child support pay for things like private school fees, car payments, mortgage repayments, extra-curricular activities and private health cover.
These very important Agreements should not be entered into without proper legal advice. A lawyer for each parent must execute a Certificate confirming they have given a parent independent legal advice for the Agreement to be binding.
Once signed, the agreements are usually registered with the Child Support Agency.
How we can help
If you have a dispute relating to child support, contact us for an obligation free consultation to discuss your issues in detail by a specialist family law solicitor.