Child Support

Parents who are separated (or who have never lived together) are legally obliged to share the financial support of their children.

The amount of financial support that each parent is to pay is determined by a formula contained in the Child Support (Assessment) Act 1989. The formula takes into account each parent's financial circumstances, the number of children and their ages, the amount of time the children spend in the care of each parent and the costs of supporting any children that either parent has from other relationships. The child support scheme is administered by the Child Support Agency.

Many parents have private arrangements for child support. Sometimes these private arrangements are formalised in a Child Support Agreement. Sometimes they are informal. Many parents choose to have the Child Support Agency issue an assessment stating the amount of child support that needs to be paid but then arrange to make the payments privately. The Child Support Agency can assist in the collection of child support payments when this is requested by either or both the parents.

In some circumstances the Child Support Agency or a Court will determine that child support should be paid at a higher or lower level than provided for under the formula.

Child support pursuant to the Child Support (Assessment) Act 1989 usually stops being payable when a child turns 18 (or finishes secondary education) but in some circumstances a Court will order the payment of child maintenance in relation to an adult child. This particularly occurs where children are undertaking tertiary education or have special needs.

Courts also have the power to make Orders about the payment of private school fees and other "special expenses" in relation to children. Many parents enter into Child Support Agreements in relation to the payment of these expenses.

The Child Support Agency has an excellent website where you can obtain further information about the child support scheme. The site can be found at www.csa.gov.au

At KJB Law we can assist you by:

• Advising you about the advantages and disadvantages (in your particular circumstances) of having child support assessed in accordance with the formula or having a private arrangement or formal Child Support Agreement;
• Advising you of the pros and cons of private collection versus collection of child support through the Child Support Agency;
• Drafting a Child Support Agreement;
• Providing you with advice in relation to a Child Support Agreement drafted by someone else;
• Advising you in relation to the likelihood of the Child Support Agency or the Court determining that child support should be paid at a different rate to that set out in the formula;
• Advising you in relation to the likelihood of an Order being made for you or the other parent of your children to make a contribution to special expenses such as private school fees;
• Advising you in relation to the likelihood of a Court ordering that child maintenance be paid for an adult child;
• Advising and negotiating on your behalf in relation to child support issues;
• Representing you in court proceedings in relation to child support;
• Assisting you to represent yourself in negotiations with the Child Support Agency or court proceedings in relation to child support issues

Enquiries

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