Child support after separation
After separation both parents continue to have a legal obligation to contribute to the financial support of their child. Depending on the circumstances, child support may be payable by one parent to the other, or by one or both parents to an eligible non-parent carer.
In Australia, child support is administered by Services Australia and is governed principally by the Child Support (Assessment) Act 1989 (Cth) (Act).
Child support may be dealt with through an administrative assessment or by entering into a private child support agreement. The most appropriate arrangement will depend on your family’s circumstances.
Administrative child support assessment
Child support is financial support paid by a parent to the other, or to an eligible non-parent carer. Child support is essential to ensuring that children’s needs are met regardless of their parents’ relationship status and living arrangements.
Either parent, or in some circumstances, an eligible non-parent carer, can apply to Services Australia for an assessment of the amount of child support payable.
Either parents can apply, regardless of whether they will be paying or receiving child support.
Services Australia applies a specific formula set out in the Act to determine whether child support is payable, who must pay it and the amount payable. Services Australia provides an online child support estimator that can give parents an indication of the amount that may be payable.
The child support formula generally takes into account several matters, including:
- each parent’s income;
- the amount of time each parent cares for the child;
- any other children the parents are financially responsible for;
- any other child support cases involving either parent; and
- other relevant matters as provided by the Act.
Further information about administrative assessment and the child support estimators is available through Services Australia.
Private child support agreements
Parents are not always required to rely solely on an administrative assessment. As an alternative, parents may enter into a private child support agreement, such as a limited child support agreement or a binding child support agreement. These agreements can be long term or short term, and different legal requirements apply to each type of agreement.
A private child support agreement may give a family greater control over how financial support is provided. Depending on its terms and the type of agreement, it may address expenses such as:
- school fees and related educational expenses;
- private health insurance;
- medical and dental expenses;
- extracurricular activities;
- tutoring and other agreed educational support; and
- travel or other agreed expenses concerning the child.
An agreement can specify the amount, timing and method of payment. Depending on its terms, it may provide for periodic payments, payments of identified expenses or other forms of agreed support. A child support agreement may be submitted to Services Australia for acceptance and, depending on the arrangements, payments may be privately collected or collected through Services Australia.
Private child support arrangements may also be negotiated alongside broader parenting and property matters following separation.
Extension of child support through Services Australia after the child turns 18
Child support will normally end after a child turns 18. However, in some circumstances child support can be extended.
If a child turns 18 while undertaking full-time secondary education and there is a child support assessment in place, an application may be made by the receiving parent to Services Australia to extend the assessment until the end of that child’s school year. The application should ordinarily be made when the child is 17 and before the child turns 18.
Adult child maintenance
Adult child maintenance is different from an extension of child support through Services Australia.
An eligible person may apply to the Federal Circuit and Family Court of Australia for adult child maintenance orders. The court may make orders for adult child maintenance under section 66L of the Family Law Act 1975 (Cth), where the court is satisfied that maintenance is necessary:
- to enable the child to complete their education; or
- because of a mental or physical disability of the child.
Either or both parents, the child, a grandparent, or any other person concerned with the care of the child may apply for adult child maintenance orders, subject to requirements set out in the Family Law Act 1975 (Cth).
Depending on the circumstances, the court may order periodic payments, a lump sum payment and/or another form of financial support (such as to cover the child’s accommodation, food, medical or other necessary expenses).
Orders for adult child maintenance may operate for a fixed period or until further order. An order made to enable a child to complete their education, or because of a disability, ceases if the child ceases that education or ceases to have that disability. A child maintenance order also ceases if the child is adopted, marries, enters into a de facto relationship or dies.
Speak with Arnold Hills, child support lawyers in the Hills District and Sydney
At Arnold Hills, we provide considered, practical advice to help you understand your position and put in place appropriate child support arrangements that reflect your family’s circumstances and importantly, support your child’s needs.
After assessing your family’s circumstances, we will provide you with tailored advice about your rights and obligations, as well as the interaction between child support, parenting arrangements and your property settlement where relevant.
We can also advise you on, negotiate, prepare and review private child support agreements, including limited and binding child support agreements. We also assist clients who are making or responding to applications for adult child maintenance and can advise on enforcement options where child support has not been paid.
Arnold Hills assists clients throughout the Hills District, including Castle Hill, Norwest and Rouse Hill, as well as clients across Sydney, with child support assessments, child support agreements, child support disputes, enforcement issues and adult child maintenance matters.
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