Child support

What is child support and how does it work?

When a couple with children separates, child support is often determined at the time of finalising any parenting arrangements and/or their property settlement (read more about our family law financial services). Equally, child support may be payable between parents who have never been in a relationship.

A person will be liable to pay child support if they are:

1. the parent of a child (including biological parents, adoptive parents and those with the assistance of reproductive technology); and
2. a resident of Australia, or a resident in one of a select number of countries, which are listed here.

What child support covers

Child support can include regular payments from one parent to the other to assist with general expenses. These are known as periodic payments. Child support can also include payments towards other expenses such as school fees, private health insurance and extracurricular activities. These payments are known as non-periodic payments. Some parents also arrange for child support to be paid in a lump sum.

How do I arrange child support with the other parent?

There are two main ways to formalise child support:

1. through a child support assessment, calculated by Services Australia; or
2. through a child support agreement, which is a private agreement between the parents.

When we meet with you, we can advise you as to the most appropriate child support arrangement for your family.

Services Australia

The simplest way to determine child support is through an assessment by Services Australia. Learn more about how child support is calculated below.

Parents can also choose for Services Australia to manage the collection of funds from one parent and transfer them to the other parent. Alternatively, parents can manage the payment privately between them.

We can assist you with an application to Services Australia for a child support assessment, or help you respond to an assessment should you receive one.

Child support agreements

Many parents choose to finalise child support through a private agreement. Child support agreements give parents flexibility to make bespoke provisions that accommodate the financial needs of their children, which can include lump sum, periodic and non-periodic expenses. Learn more about the types of child support agreements available to parents.

Child support agreements should be drafted by a specialist family lawyer to ensure compliance with Australia's legislative requirements. Our lawyers have extensive experience drafting and negotiating child support agreements for our clients. We recommend reaching out to our team if you would like to explore entering into a child support agreement, or if you would like us to review an agreement prepared on behalf of the other parent.

How is child support calculated?

Services Australia follows a specific formula when calculating the level of child support payable from one parent to another, which considers:

1. the income of each parent;
2. the time the children spend with each parent;
3. if a parent cares for, or is liable to pay child support for other children; and
4. the ages of the child/children and the costs of raising children.

You can use the online calculator on the Services Australia website to estimate the level of child support that may be assessed in your circumstances.

What if I don't agree with a child support assessment?

If you have received an assessment from Services Australia that you believe is unfair to you or your child, you can make an application to change the assessment. There are 10 reasons that can be relied on when seeking a review of the assessment, including where the child support does not adequately accommodate the special needs of the child or where the income of one parent is not accurately reflected in the assessment. Read an outline the steps for contesting a child support assessment.

What if I'm owed a child support debt?

Services Australia can enforce a child support debt; however, this is usually limited to three months of unpaid payments. In exceptional circumstances, it may be nine months.

If you are owed child support for a longer period, or if the child support is owing pursuant to a child support agreement, you can seek an enforcement order from the court. We can make the court application on your behalf should you need to pursue the other parent for child support arrears.

When does child support end?

A child support liability generally ends when a child turns 18, however parents can make an application through Services Australia to extend the child support until the child finishes secondary school. There are several other events that can terminate or vary a child support obligation, such as a change in the child's living arrangements, that we can discuss with you.

A child support agreement will usually make provision for when the child support is to end. Read more about the circumstances that may cause a child support agreement to be suspended or terminated.

Frequently asked questions

What is the maximum amount of child support payable in Australia?

The formula used by Services Australia to calculate a child support assessment considers the costs of children based on the parents' combined income. Where the parents' combined income exceeds a specified amount, costs of raising children pursuant to the formula do not increase. These figures change annually and are provided on the Services Australia website.

Will my new partner affect child support?

If you have another child with a new partner, this could affect your child support assessment as the formula takes into account dependent children in your care.

What happens if my ex doesn’t pay the agreed child support?

If you are owed child support pursuant to a child support agreement, you can seek an enforcement order from the court. We can make the court application on your behalf should you need to pursue the other parent for child support arrears.

Is child support tax deductible?

No, if you pay child support, it is not tax deductible.