Child Support

How much Child support will I pay?

The amount of child support can vary depending on the income of the parents involved, and the child’s living arrangements, but is most commonly paid in regular periodic payments as determined by and distributed via the CSA. To determine how much child support is paid, you can view the Child Support formula on the Services Australia website.

Do you pay Child support if you have a 50/50 custody split?

A common misconception with respect to child support and equal care arrangements is that child support is not payable in equal care arrangements. A party can still be liable to pay child support notwithstanding there are equal care arrangements. This is because child support is paid from one parent to another to support the expenses of a child. So, in circumstances where a parent is earning significantly more than their former spouse, they may be liable to pay child support to the other parent.  

What age do I stop paying child support?

It is legally required that both parents provide adequate financial support to their children until they reach the age of 18 - this can include biological or adopted children of a married or de facto couple, and in some circumstances step-children.

What is Child Support supposed to cover?

Child support is meant to cover various expenses related to the child's well-being, including but not limited to:

• Basic necessities: Food, clothing, and shelter.

• Educational expenses: School fees, books, and supplies.

• Medical expenses: Health insurance, co-pays, and uninsured medical costs.

• Childcare: Expenses for daycare or babysitting services.

• Extracurricular activities: Participation in sports, clubs, or hobbies.

• Transportation: Costs associated with getting the child to school, medical appointments, and visitation.

• Special needs: Additional expenses if the child has special requirements.

What happens if my partner doesn’t pay child support?

The Child Support Agency is empowered to recover unpaid child support in a number of ways. These include:

1. Garnishing wages. This is where the agency contacts the paying parent’s employer and deducts a portion of the parent’s pay and transfers that amount to the other parent.

2. Deducting tax refunds. This is where the agency will deduct the arrears from the parent’s tax refund.

3. Garnishee bank accounts. This is where the agency is able to contact the paying parent’s bank and request that the arrears be removed from their account and be paid to the other parent.

4. Court proceedings. The agency is empowered to initiate Court proceedings for the recovery of the arrears in child support. 

Do both parents have a legal obligation to support their child even without a court order?

Each parent has the legal obligation to meet the financial needs of their children. These financial needs include:

1. The child’s housing costs, such as meeting rent and mortgage costs.

2. The child’s food expenses.

3. The medical and dental expenses to maintain the child’s health or treat the child, if required.

4. The child’s clothing.

5. The child’s education, such as school fees or private school tuition.

Our expert solicitors can assist with:

• Negotiating financial child maintenance agreements

• Applying for a child support assessment

• Opposing a child support assessment if you believe incorrect information has influenced the decision - this is extremely time sensitive, please contact us urgently

• Applying for a change of child support assessment, if your circumstances have changed since the initial agreement

Contact us to speak to a specialist and ensure your children are provided for appropriately.

Do you want more information to help guide you through separation and divorce?

We recommend you read our pages on:

Separation & Divorce Parenting Arrangements Binding Financial Agreements

Spousal Maintenance De facto Relationships Property Settlements