Experienced family law experts in child support

Child support is calculated by the Child Support Agency by applying a formula to the taxable income of both parents and the amount of care provided by the parents, to calculate the amount of child support payable.

A Child Support Assessment will create an obligation to make periodic payments of child support.

Sometimes, an individual’s taxable income does not properly reflect their true financial position. For example, they may operate a business through a private company and be able to manipulate their income, resulting in a lower amount of child support payable.

In situations like this, any Child Support Assessment may not provide sufficient child support, because it does not reflect the true financial position of the paying parent.

There are other circumstances where a change to the Child Support Assessment may be fair, including the special needs of a child or the high costs of raising a child in a way that both parties had agreed (for example the child attending a private school).

Sometimes, the assessment is unfair to the paying parent because of the high cost of travelling to spend time with a child, or because they already provided financial resources or property to the child or to the other parent, for the benefit of the child.

You may be able to bring a Departure Application and depart from the usual way of assessing child support (with the formulae) and have all income and financial resources properly considered so that a reasonable amount of child support is paid, for the benefit of your children.

Absolutely! Most disputes in relation to child support can be settled out of Court through written offers and/or mediation.

Also, a private agreement can provide for things that a Child Support Assessment can’t. For example, agreement could be reached that the paying parent will meet all or some of the cost of private school fees, health care in addition to or instead of Periodic payments. A lump sum payment of child support in leu of periodic payments is also possible.

Once a reasonable amount of Child Support has been agreed, there are two types of child support agreement that can be considered:

1. Limited Child Support Agreement – There must already be a Child Support Assessment in place and the amount agreed must provide as much, or more than the assessed amount of Child Support. This agreement can be in place for up to three years; or

2. A Binding Child Support Agreement – There is no need for there to be a Child Support Assessment in place. It can provide as much (or as little) as you like (provided it is agreed). A Binding Child Support Agreement can be in place for longer than a Limited Child Support Agreement and until the children are of an age that they no longer require child support.

A Binding Child Support Agreement can only be set aside in limited circumstances. Legal advice should be sought to consider the most appropriate approach for your circumstances.

There are two main methods of payment:

1. Private collection – Where the payer pays Child Support to you directly; or
2. Public collection – Where the Child Support Agency will collect child support from the payer on your behalf.

If you have a Limited Child Support Agreement or Binding Child Support Agreement, the payer may be required to pay certain costs directly to a third party such as a school or private health fund, instead of, or in addition to, any periodic child support payments payable to you.

https://www.servicesaustralia.gov.au/compare-your-child-support-collection-options?context=21911

The Child Support Agency can enforce payment through garnishing wages, tax returns or enforcement applications through the Courts.

If you are not receiving the child support you are supposed to, you should consider contacting the Child Support Agency and discussing public collection of child support. This is where the Child Support Agency will collect Child Support from the paying parent on your behalf.