When it comes to separation or divorce, child support and parenting arrangements are two of the most significant concerns for parents.
It’s important to understand that these are legally distinct issues—each one has its own set of rules, processes, and requirements. This guide will help break down both areas clearly, explaining what is involved and how the two can sometimes overlap.
Understanding child support
How Child Support is calculated
In Australia, child support can be calculated in two main ways:
Child Support Agency Assessment
The Child Support Agency (CSA) uses a formula to determine the amount of support to be paid. The formula considers several factors, such as:
- the income of each parent
- the number of children
- and the amount of care each parent provides
TIP
The Services Australia Child Support Estimator is a helpful online tool that allows parents to estimate potential child support payments
Private Agreement
Alternatively, parents can choose to come to their own agreement regarding child support payments. This agreement must still be registered with the Child Support Agency, and can be either a “binding” or “limited” agreement, depending on the circumstances.
HOW IS IT COLLECTED?
Agency-collected: The Child Support Agency can collect payments on behalf of the receiving parent to ensure the amount is paid correctly and on time.
Privately-collected: Parents may also decide to arrange payments privately without involving the Agency. This can work well if both parties have a cooperative relationship and trust each other to make timely payments.
A parents rights and responsibilities
In Australia, child support can be calculated in two main ways:
As the paying parent...
You have a responsibility to provide financial support for your children until they reach the age of 18 or finish high school. You are entitled to have the calculation take into account your financial situation, income, and the level of care you provide to the children.
As the receiving parent...
You are entitled to child support payments to assist in providing for the children’s needs. If the paying parent does not meet their obligations, you can seek enforcement through the Child Support Agency.
Tip:
If you encounter problems with unpaid child support, Services Australia offers assistance with enforcement options. Keeping records of all communications and payments can be useful if issues arise.
Understanding Parenting Arrangements
Parenting arrangements refer to the care and custody of children, including where they live, how much time they spend with each parent, and how parental responsibilities are shared. Unlike child support, parenting arrangements are about the practical day-to-day care of the children and ensuring their best interests are prioritised.
Types of parenting arrangements
In Australia, child support can be calculated in two main ways:
Informal arrangements
Some parents are able to come to a mutual agreement about parenting without needing a formal court order. These arrangements are typically flexible but can lack enforceability.
Parenting plans
A parenting plan is a written agreement that outlines the care arrangements for the children. It is not legally binding, but it shows the shared intent of both parents and can be more flexible than a court order.
Consent orders
Parenting orders
If parents cannot come to an agreement, they may need to apply to the court for parenting orders. The court will make decisions based on what is in the best interests of the children, which is the primary consideration.
TIP
The Family Relationships Advice Line can provide support and information to help parents reach their own agreements: Family Relationships Advice Line.
What the court considers
If the court becomes involved in deciding parenting arrangements, the primary focus will be on what is in the best interests of the children. Factors include:
- The child's safety
Full disclosure is a legal requirement, and being open and transparent is the best way to ensure a fair outcome.
- The child's wishes
Depending on the child’s age and maturity, their views may be taken into account.
- The child's relationship with each parent
Crossover between child support and parenting arrangements
While child support and parenting arrangements are separate legal issues, they are closely linked in practice. The amount of child support a parent pays is often influenced by how much time they spend caring for the child. For example, if a parent has the children in their care for more nights, the child support they are required to pay may be reduced accordingly.
However, it is important to understand that child support cannot be used as leverage in negotiating parenting arrangements. A parent cannot refuse visitation because child support hasn’t been paid, nor can they withhold payments until they receive more time with the children. Courts take a dim view of such behaviour and always aim to prioritise the child’s best interests.
TIP
Separating child support from parenting arrangements can prevent unnecessary conflict. Even if child support is unpaid, it is important to honour parenting arrangements for the benefit of the children.
Practical tips for navigating child support and parenting arrangements
Get organised early
Some parents are able to come to a mutual agreement about parenting without needing a formal court order. These arrangements are typically flexible but can lack enforceability.
Use mediation
A parenting plan is a written agreement that outlines the care arrangements for the children. It is not legally binding, but it shows the shared intent of both parents and can be more flexible than a court order.
Prioritise your children's well-being
Children often feel caught in the middle during separation and divorce. Maintaining open communication with your co-parent, sticking to agreed schedules, and avoiding conflict in front of the children are all important considerations.
Understand your rights
Child support and parenting arrangements are meant to support the best interests of your children. If you are unsure about your rights or responsibilities, getting legal advice can be invaluable.
TIP
Family Dispute Resolution (FDR) services offer government-supported mediation to assist parents in resolving disputes.
