Our Services and Resources
The Child Support Scheme
Child support is generally payable in accordance with a formula contained in the Child Support (Assessment) Act 1989. Different formulas apply depending on the circumstances of the parents. Either parent can ask the Department of Human Services ("DHS") to make an assessment of the amount payable, and the assessment is enforceable.
If a parent wants to vary a child support assessment, he and/or she must usually apply to a child support review officer of the DHS. There are limited circumstances in which a child support assessment will be varied.
The Family Court
A variation from a child support assessment can also be made by the Family Court if there are proceedings pending in the Family Court.
The Family Court can also make orders regarding child support if:
- The parents separated before 1 October 1989;
- The child is over 18 years of age; and/or
- The prospective payer lives overseas and is not covered by the child support legislation.
Child Support Agreements
As an alternative to applying for a child support assessment from the DHS, parents can enter into different types of child support agreements. These can be either long term or short term agreements. In general, both types set out the level of financial support to be provided by one parent to the other for the children and how that support is to be paid. For example, agreements can provide for an amount of child support to be paid periodically and/or set out how expenses such as school fees are to be paid. Child support agreements can be registered with the DHS, making the consent arrangement enforceable.
If a parent receives a Social Security payment or lives overseas, special rules may apply.
Please contact us to obtain detailed advice regarding your child support matter.
Level 15, 175 Liverpool Street
Sydney NSW 2000 Australia
PO Box 21117
World Square NSW 2002 Australia
175 Liverpool Street Parking Station, Entrance via 26 Nithsdale Street
Phone 1800 7275 464 - Closes at Midnight
Goulburn Street Parking Station, Cnr Goulburn & Elizabeth Streets
Phone 1800 727 5464 - Closes at Midnight
The content on this site is not intended to provide legal advice. It is general information only. You should not rely upon it as legal advice. If you would like to discuss anything of interest or concern to you, please contact us. Nothing arising from the information on this site is intended to create a legal relationship between us and any reader.
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