Child Support
Child support is financial support paid between separated parents for their children. It is usually worked out through an assessment by Services Australia, although parents can also make a child support agreement. We advise on assessments and on whether a limited or binding agreement is in your interests.
How child support is assessed
Services Australia uses a formula that takes account of each parent’s income, the number and ages of the children, and how much time each parent cares for them.
You can apply directly to Services Australia without a lawyer. If you believe an assessment does not properly reflect your circumstances, we can advise on whether there are grounds to seek a change.
Limited child support agreements
A limited child support agreement must be in writing and signed by both parents. An assessment must already be in place, and the agreed payments must be at least the assessed amount. Independent legal advice is not a requirement.
After the agreement has been in place for more than three years, either parent can give written notice to Services Australia to end it. It ends 28 days after that notice is received. There are also circumstances in which it can end earlier.
Binding child support agreements
A binding child support agreement must be in writing and signed, with each parent receiving independent legal advice before signing. The agreed payments can be more or less than the amount a formula assessment would produce. An assessment is generally not required first, except for certain lump-sum agreements.
You should not assume that the payments will change if your income changes. That depends on the terms of the agreement. Changing those terms generally means ending the agreement and making a new one, with fresh legal advice. A court can set an agreement aside in limited circumstances, and certain changes in care can also cause it to end.
Before entering either type of agreement, check how it could affect any Family Tax Benefit Part A you receive.
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Common Questions
Services Australia usually assesses child support using a formula based on each parent’s income, the number and ages of the children, and the care each parent provides. You can apply directly without a lawyer. If the assessment does not properly reflect your circumstances, or you are considering a separate agreement, we can advise on your options. Read more about child support assessments and agreements.
Yes. A limited agreement requires an existing assessment, and the agreed payments must be at least the assessed amount. Independent legal advice is not compulsory. A binding agreement requires independent legal advice for each parent and can provide for more or less than the assessed amount. Agreements can include particular expenses, such as school fees. Before signing, consider how payments could change, how the agreement can end and any effect on Family Tax Benefit Part A. Our child support page explains the differences.
Tell Services Australia promptly, because changes can affect your assessment and delays in reporting can affect when an adjustment starts. If you have a child support agreement, do not assume the payments automatically change with your income. The agreement’s terms and the legal rules about changes in care need to be checked. Our child support page explains assessments and agreements; Services Australia explains what changes to report.
