Child Support in Australia: Everything you need to know
Both parents have shared equal responsibility for their children, including their financial needs. In Australia, if the primary carer is finding it financially difficult to support the children after separation or divorce, they are given the benefit of claiming child support from the other parent to reduce the financial burden and to obtain some respite.
We understand that your children are important, and that every parent wants the best for their child. It is important that parents consider the potential impacts of separation or divorce on their children’s welfare and are aware of how they can care for their children during this time. In this guide, we provide useful information for parents to consider the financial consequences of separation and take necessary steps to ensure their children are supported.
Key Takeaways!
- Both parents have an equal and shared responsibility towards the children in Australia.
- Child Support can be obtained through agreement or by making an application to Services Australia.
- Adult children may be eligible for child support under certain circumstances.
- Grandparents or legal guardians of the child may be able to make child support applications.
What is child support in Australia?
Child support is financial support provided by one parent to another to ensure the continuing welfare of their children. Often during the separation process, there will be one party who cares for the children more of the time. Child support laws are designed to ensure that the primary carer of the children receives adequate financial support from the other parent to take care of the children following a separation.
Both parents have an obligation to bear the financial cost of supporting the children in a relationship. The law allows parties to enter into child support agreements on mutual terms. This can be done via a parenting plan or by entering into a Binding Child Support Agreement with your ex-partner.
When parents cannot agree on providing child support, the law allows you to make a Child Support Application to Services Australia or apply to have the matter considered by the court.
Are you eligible for child support?
You must meet the residency rules:
- You or your spouse must be an Australian resident and
- You must be the legal parent of the child or
- A non-parent carer of the child.
A Non-parent carer can include:
- Legal guardians
- Grandparents or
- Other family members.
If one of the parents live outside Australia?
- You can still obtain child support from a parent who is living outside Australia.
- You will have to make sure that Services Australia contacts the non-resident parent.
- The non-resident parent should be living in a reciprocating jurisdiction.
What are the ways of obtaining child support?
By applying to Services Australia and obtaining a child assessment.
By private agreement between you and your spouse.
Making a child support application to Court.
How to make a child support application?
- First create a Services Australia online account.
- Make an online child support Application to Services Australia.
- Once the application has been submitted, the child assessment will start.
Information required when making a child support application:
- Income of both the parents
- Contact details of each parent
- Details of the Marriage
- Proof of parentage
- Details of the child/ren
- Level of care provided by the parents
What happens if there are changes during a child support period?
If there are any changes to the care arrangements or child needs, Services Australia might need to update your assessment. You need to make them aware if your circumstances change. For example, they need to know if:
- the income of either parties change; or
- if the amount of time the child lives with either parent changes.
Can children over 18 receive child support?
Yes, a child over 18 would be eligible for child support if they fall under one of the following categories:
- The child needs financial assistance to complete his education either due to unemployment or inability to be employed.
- The child is suffering from a mental or physical disability.
The court has the discretion to take into account the factors on a situational basis in making adult child support orders.
How to apply for child support through courts?
Firstly, satisfy the eligibility requirements and then:
- File an application for child support to start the case.
- File an affidavit setting out the facts and circumstances relied on and the grounds of the application.
- File a completed financial statement.
If the case relates to a child support agreement, the applicant must register a copy of the agreement with the court by attaching a copy of the agreement to an affidavit declaring the facts.
How can MJ Legal assist you?
We can help you through the child support process by:
- Guiding you to enter into a Binding Child Support Agreement in the event of mutual agreement.
- Assisting you in making your child support application.
- Informing the child support agency of any change in circumstances after filing the application.
- Keeping a consistent track of your application and assessment.
- Communicating with your ex-spouse/partner with regard to child support payments.
- Assisting you in obtaining a court order for child support in the event of disagreement.
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