Child Support & Maintenance
The Child Support Agency administers the assessment and, if desired, collection of child support payments. Child support is financial support payable by one parent to the other for the benefit of a child under the age of 18. The amount of child support payable is affected by the income of both parties, the number of children and the amount of time that the children spend in the care of each parent. There is a handy estimator on the Child Support Agency’s website www.csa.gov.au that you can use to calculate your entitlements or obligations. The website also have a lot of information and forms that may assist you.
If you do not agree with a Child Support Agency assessment, you can make an application for the Agency to Review the assessment. If you are not happy with the Review outcome, you can appeal to the Social Security Appeals Tribunal. The Administrative Appeals Tribunal also has jurisdiction to hear limited matters arising from child support.
It is now possible to enter into Binding as well as Limited Child Support Agreements. These have the benefit of both parties knowing where they stand financially during the term of the agreement. Binding Child Support agreements can last until the children turn 18 unless varied by another binding child support agreement. They must be accompanied by a certificate of independent legal advice. Limited Child Support Agreements are of terminated if
- both parents agree to end the agreement;
- more than three years has passed with the existing agreement in place, and written notice is provided by the parent who wants to end it;
- there is a court order that sets aside the agreement;
- the notional assessment varies by more than 15 per cent from the previous assessment, in circumstances not included in the agreement, and one of the parents wants to end it, or
- a new agreement replaces the existing agreement.
It is also possible to make application to the Federal Magistrates Court for maintenance orders in relation to children who are over 18 and still dependent, such as university students. In limited circumstances, it is possible to apply to the Federal Magistrates Court or Family Court in relation to child support where there are already financial applications before the Court.
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