Child Support

Child Support Lawyer

At South Coast Family Law Group we understand that Family law matters, particularly those involving children, can be emotional and complex. Whether you’re a parent seeking Child Support or you’re unsure about your obligations, we’re here to guide you every step of the way.

What is Child Support?

Child Support is the financial contribution a parent or guardian makes towards the upbringing and care of their child. It ensures children have the resources they need to thrive, even if their parents are no longer living together. The amount of Child Support can be agreed upon privately or determined by the Department of Human Services (DHS), which oversees the Child Support Agency (CSA) in Australia.

If you’re seeking advice on child support or need help with a child support issue, contact South Coast Family Law Group today 02 4202 6644.

How is Child Support Calculated?

The calculation of child support takes several factors into consideration, including:

  • Income: Both parents’ income levels play a significant role in determining the amount of support to be paid.

  • Care arrangements: The amount of time each parent spends caring for the child, also known as shared care or primary care, is crucial.

  • Children’s needs: Any special needs of the child, including health issues or additional costs, are taken into account.

  • Other children: If either parent has other children they are supporting, this may also impact the calculation.

The Child Support Agency uses a formula to determine the appropriate amount, but parents can also reach their own agreement.

How Do I Apply for Child Support?

There are two main ways to arrange child support in Australia:

  1. Private Agreement: Parents can negotiate directly with each other, without the involvement of the Child Support Agency. It’s always recommended to formalise any private agreements in writing to avoid future disputes.

  2. Through the Child Support Agency (CSA): If parents are unable to come to an agreement or prefer official assistance, they can apply to the CSA. The agency will assess the situation and make a formal determination on the amount of child support.

If you’re unsure about which route is best for you, our Family Lawyers can offer tailored advice based on your circumstances.

How we can help

Fixed Fees

Navigating Child Support can be difficult, but you don’t have to do it alone. At South Coast Family Law Group, we offer fixed fee rates to prepare a Child Support Agreement. Our dedicated Family Law team offers compassionate and practical legal solutions to help parents understand their obligations and rights.

Extensive expertise

We have extensive experience in Child Support matters, including negotiations, enforcement, and modification of Child Support arrangements. We work closely with our clients to ensure that their children’s needs are met while also protecting their financial and legal interests.

FAQs About Child Support

What is Child Support?

Child support refers to the financial contribution one parent makes to the other to help cover the costs of raising a child after separation or divorce to help the costs of raising children. In some situations Child Support can be paid by one or both parents to another person looking after their children, such as a grandparent or legal guardian. The amount is determined by the Child Support Agency (CSA) or through private arrangements.

Child Support is calculated using a formula set by the Australian Government, which considers factors such as:

  • The income of both parents
  • The care arrangements for the child (e.g., how much time the child spends with each parent)
  • The child’s age and specific needs (e.g., medical or educational costs)

The Child Support Agency can assist in calculating the amount, or parents may come to a private arrangement with legal advice.

Yes, Child Support payments can be modified if there is a significant change in circumstances. This could include changes in the income of either parent, a change in the care arrangements, or if the child’s needs change. To request a modification, parents should contact the Child Support Agency or seek legal advice.

Parents can make private arrangements for Child Support, but it’s important to formalise these agreements to ensure both parties adhere to the terms. An experienced Family Lawyer can draft a Binding Child Support Agreement, or a Limited Child Support Agreement, which is recognised by the Child Support Agency. Our experienced Family Lawyer’s at South Coast Family Law Group can prepare a Binding Child Support Agreement or a Limited Child Support Agreement at a fixed fee.

To apply for Child Support, you must contact the Child Support Agency, which is a part of Services Australia. They will assess your situation, including your income and care arrangements, and calculate the amount of support required. Alternatively, you can engage a Family Lawyer to help you set up a private agreement.

If the paying parent fails to make Child Support payments, the receiving parent can take action through the Child Support Agency. This may include deductions from the paying parent’s wages, tax refunds, or bank accounts. You can also seek legal assistance to enforce Child Support payments through the Courts.

Yes, Child Support can be paid directly to the other parent. However, it’s often safer to make payments through the Child Support Agency, as this creates a formal record and helps prevent disputes. If you have a private agreement, it’s advisable to keep clear records of all transactions.

If you and the other parent cannot agree on Child Support, the Child Support Agency can assist in determining a fair amount based on a standard formula. Alternatively, you can seek mediation or consult a Family Lawyer to resolve disputes through negotiation or Court action, if necessary.

In certain circumstances, you can apply for Child Support for an adult child, particularly if they are still in full-time education or have a disability that prevents them from being financially independent. The Child Support Agency can assess the eligibility for adult Child Support on a case-by-case basis.

Failure to pay Child Support can have serious consequences, including:

  • Wage garnishment
  • Deductions from tax returns or bank accounts
  • Legal action and possible Court orders
  • Negative impact on credit rating

If you’re struggling to meet Child Support obligations, it’s important to seek legal advice and inform the Child Support Agency to avoid penalties.

Child Support payments usually continue until the child turns 18, although payments may continue longer if the child is still in full-time education or has special needs. The length of support can also be extended if there is an agreement between the parents or a Court Order.

Child Support payments typically cover basic living expenses such as food, clothing, and housing. However, parents can agree to use Child Support for additional costs like extracurricular activities, medical expenses, or private school fees. These arrangements should be clearly outlined in a formal agreement.

If you disagree with the Child Support assessment or calculation, you have the right to request a review from the Child Support Agency. You can also appeal the decision through the Administrative Appeals Tribunal (AAT). We would strongly recommend that you seek legal advice from one of our experienced Family Lawyer’s.