Child Support

The child support scheme was introduced to address the shortcomings of the system of child maintenance under the Family Law Act. Now there is an administrative system that handles both the assessment and collection of child support. The system is contained in the provisions of the Child Support (Assessment) Act and the Child Support (Registration and Collection) Act.

Both parents and non-parent carers can apply for a child support assessment. The amount of child support payable is generally determined by reference to the capacity of the parents to financially support their children, the costs of children, and the level of care that each parent or non-parent carer provides.

There are a number of “terminating events” that will cause a person’s child support liability to cease. In relation to the child, those terminating events include:

  • The child’s death;
  • The child turning 18 years of age;
  • The child marring or entering into a de facto relationship;
  • The child is neither present in Australia on the day that the application for the assessment is filed;
  • The child is not an Australian citizen on the day the application is filed; or
  • The child is not ordinarily resident in Australia on the day that the application is filed.

In relation to a person who is liable to pay child support, a terminating event occurs when:

  • that person dies; or
  • that person no longer lives in a reciprocating jurisdiction and does not immediately move to Australia or a reciprocating jurisdiction.

There are circumstances where the formulas applied in calculating a person’s child support liability do not produce a just result. This generally occurs in circumstances where:

  • a person subject to a child support assessment is income rich;
  • the child has special needs;
  • the cost of spending time with the child are high;
  • the cost of childcare are high; or
  • both parents expected that their children would attend private schools.

In such circumstances, it may appropriate to either:

  • Apply to the Child Support Registrar for a change of assessment in special circumstances; or
  • File an application in a court for a Departure Order.