The amount of support that a parent is required to pay for children after the breakdown of a relationship is known as “child support”. Child support is a complex area of the law, which is primarily administered by the Federal Australian Government Department presently known as Services Australia. Parents are also entitled to enter into private agreements to confirm child support arrangements.
Unless a private arrangement is agreed, child support is determined by the Department of Human Services (formerly known as “The Child Support Agency”) by reference to an administrative formula. That formula is based upon the taxable income earned by each parent and the care arrangements that exist in relation to the children.
Parents are able to reach private agreements concerning child support arrangements, called Limited and Binding Child Support Agreements, or parents can apply to the Department for changes to the administrative assessment.
In some (restricted) circumstances, parents can apply to a court for orders in relation to child support.
Our family law team can advise you in relation to child support assessments and your options in relation to private Child Support Agreements, applications to change child support, court proceedings, objections to assessments and avenues of appeal to the Administrative Appeals Tribunal.