How can I apply for child support?
The Department of Human Services (formerly known as the Child Support Agency) assesses the amount of child support which one parent is liable to pay to the other parent.
The amount of child support is calculated based on a formula which takes into account a number of factors including the annual incomes of both parents, their living expenses, the number of nights the children stay with each parent as well as the costs of raising the children.
If you wish to obtain an indicative estimate of child support in your circumstances, please go to the Department’s website and click on the Child Support Estimator link:
What if my ex-partner and I have reached an agreement between ourselves with regards to child support?
If you and your partner have reached a private agreement with regards to child support, you may wish to have it recorded in a Limited Child Support Agreement or alternatively in a Binding Child Support Agreement.
Each Agreement has different advantages and disadvantages and therefore if you are considering entering into an Agreement about child support you should obtain legal advice as soon as possible to discuss which type of Agreement is suitable in your particular circumstances.
If my ex-partner does not pay child support can I stop them from seeing the children?
No. Your ex-partner’s child support obligations are a separate matter from your ex-partner’s relationship with your children. If you have an administrative assessment for child support, there are several enforcement options available to you. For more information on such options please refer to “Recovering child support payments” on the website of the Department of Human Services.
Am I entitled to child support from my ex-partner if my child is over 18 years of age?
Yes, in some limited circumstances. You can make a Court application for adult child maintenance if a child over the age of 18 requires maintenance to enable him or her to complete his or her education or because your child has a mental or physical disability.
You should seek legal advice from a Family Lawyer, preferably an accredited specialist, to see if you are eligible to make an application for adult child maintenance in your circumstances.
If you have any other specific questions or require advice on child support, please contact our Accredited Specialist in Family Law.