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How is Child Support determined?
How do I apply for Child Support?
What if I am not happy with the Assessment?
What does the Court consider?
What is a Child Support Agreement?
How is Child Support determined? Return to TOP
- By reference to both your and your partner’s income and the costs of a child.
- A higher level of Child Support is paid for a teenage child (12 to 18 years).
- The level of child support payable is apportioned between the parents based on the amount of time a parent spends with their child and/or children, and each parent’s income.
How do I apply for Child Support? Return to TOP
What if I am not happy with the Assessment? Return to TOP
- You can make an Application to the Registrar from the Child Support Agency (“the Registrar) for a departure from your Assessment. The relevant form can be downloaded from the Child Support Agency website.
- You can make an Objection to the Registrar after the Registrar has made a decision.
- You can lodge a Review Application to the Social Security Appeals Tribunal.
- If you have proceedings (eg for property settlement) pending in the court you can make an application to the court for a departure from the Child Support Assessment.
What does the Court consider when it makes orders for Child Support departure? Return to TOP
- Step 1 – does a person have a greater earning capacity? Issues the court will consider is a parent’s ability to generate an income.
- Step 2 – does the earning capacity fall within section 117(1A)(a)? That is, does that parent not work despite opportunity? Has that parent reduced work hours or changed occupation or working pattern?
- Step 3 – Are the lower earnings by that parent justified?
- Step 4 – has the parent obliged to pay Child Support proved that avoidance of payment is not a major purpose?
What is a Child Support Agreement? Return to TOP
- A Child Support Agreement is a great way to bind your former partner to agreed arrangements for either or both of you to provide financial support your child or children.
- There are two types of Child Support Agreement:
- Binding Child Support Agreement;
- Limited Child Support Agreement.
- A Binding Child Support Agreement will only be binding, if and only if:
- The Agreement is in writing.
- The Agreement is signed by the parties to the Agreement.
- The Agreement contains a statement to the effect that the party to whom the statement relates has been provided, before the agreement was signed (as certified in an annexure to the Agreement), with independent legal advice from a legal practitioner as to:
- The effect of the Agreement on the rights of the party.
- The advantages and disadvantages at the time that the advice was
provided to the party of making the Agreement.
- A Binding Child Support Agreement can only be terminated by the parties’ making a new Binding Child Support Agreement or a Termination Agreement (both with legal advice), or by Court Order.
- A Limited Child Support Agreement does not require independent legal advice.
- Limited Child Support only becomes legally binding when and only when a Registrar from the Child Support Agency has accepted the Agreement.
- Unlike a Binding Child Support Agreement, a Limited Child Support Agreement has a sunset clause that provides that one party can unilaterally terminate the agreement by written notice to the Registrar after 3 years.
- A Limited Child Support Agreement can also be terminated by:
- A new Child Support Agreement;
- An agreement in writing to the effect that the Agreement is terminated;
- Order of the Court; or
- By both parents requesting a new Notional Assessment at any time.
For further information visit the Child Support Agency website.
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