Child support is a legal obligation for parents to financially support their children. We will help you through the process to ensure a clear and easily understood agreement is in place between you and the other parent, so that each party knows their financial obligations.
Our family lawyers can assist you with:
We will also help you if your former spouse is not paying their child support. The child support system can be frustrating, having us on your side can help make the process much smoother.
When it comes to ensuring a fair and manageable outcome for your child support, the role of an experienced lawyer is especially important. Here are some common questions we receive from clients regarding Child Support:
Child support is financial support for a child, paid by the child’s parent or parents. Services Australia uses a formula, taking into account each parent’s income and level of care, to calculate how much child support should be paid and by whom. Typically, the parent who has primary care of the child receives a payment from the other parent. However, there are a range of factors that determine who needs to pay and how much they will need to pay.
In Australia, there are no set rules about what child support can and cannot be used for. It typically is considered to be a contribution towards things like food, clothing, school fees and medical treatment. You may also be required to pay half of other expenses such as sport fees and school camps. The parent who receives child support payments does not need to account to the parent making child support payments as to how the payments are spent.
Child support is usually paid for a child until they turn 18 or until they finish school, whichever comes first. There are some circumstances where child support may be stopped early but these situations are rare and include things like the child dying, being adopted or the child marrying or otherwise becoming self-sufficient.
There are also circumstances where child support can continue after a child turns 18. Usually, this occurs where the child cannot support themselves because they are finishing a course of education or they have a disability. This is a special type of child support called adult child maintenance.
Child support for children over the age of 18 is not automatic and the parent receiving payments must apply to the court for an order for adult child maintenance.
This depends on whether there is a large discrepancy in income between the parents. Where custody and the expenses associated with raising the children are equal and both parents have similar incomes, it is unlikely that child support would need to be paid.
If one parent has a much lower income or assumes responsibility for a larger portion of the costs associated with raising the child, then child support may still need to be paid.
Maybe. Their income will be taken into account when determining how much, if anything, you need to pay but if they have primary custody of the child and/or are paying for the majority of the child-related expenses, then you may still need to pay child support.
Child support can be paid in a number of ways, including direct payment of the child’s expenses if you and the other parent agree to handle it this way. Otherwise, child support usually needs to be paid to Services Australia.
If the other parent lives overseas the situation can be more complicated, but there are still options available. Australia has agreements with many countries in relation to payment of child support. Some of these countries will accept child support assessments made by Services Australia, while others will make their own assessment of how much child support needs to be paid.
If you are the custodial parent and want the other parent to pay child support, you will need to apply to Services Australia, who will then liaise with the child support agency in the country the other parent lives in. If you are the paying parent and you live in Australia while the other parent is overseas, they can apply to Services Australia to collect child support from you.
If the paying parent lives in a country which does not have a reciprocal agreement with Australia, then you can still apply directly to the child support agency in that country. However, without a reciprocal agreement, there will be no government support to help you get child support from the other parent.
If the other parent is not meeting their child support obligations, you should take action by contacting Services Australia. Services Australia has a range of options available to assist them in collecting unpaid child support. These options include wage garnishment, deducting amounts from tax refunds, overseas travel bans and even prosecution.
It is important to note that if the paying parent is experiencing financial difficulties and cannot afford to pay the full amount of child support, they should contact Services Australia as soon as possible to discuss their options and avoid falling behind on payments.
In Australia, a person is a child's legal father if they meet certain criteria, including being named on the birth certificate, the child was born during the marriage of the father to the mother or within a period of time of the parents living together, they sign a statutory declaration stating that they are the child's father or the court determines that they are the father. If you are considered the child's legal father, you will need to prove that you are not the biological father.
DNA testing is generally accepted as the best way to prove or disprove parentage. There are regulations which govern DNA testing for legal purposes in the Family Law Act 1975 which must be adhered to. If a DNA test proves that you are not the biological father, you will then need to make an application to the court to have you declared not to be the father. Once the court makes a declaration, you will be able to liaise with Services Australia to cease paying child support.
If the other parent refuses to allow a DNA test, you can apply to the court for an order requiring testing to be carried out. If they refuse to comply with that order, the court can make an order based on other evidence presented. It is important to note that the child's best interests will be the primary consideration in any decision made by the court.
To talk to a lawyer today, call us on 07 4638 1133
A 33 Neil St, Toowoomba QLD 4350
PO Box 838, Toowoomba QLD 4350
P 07 4638 1133
F 07 4638 4957
E emailbox@wonderley.com.au
A 1 Cherry St, Oakey QLD 4401
P 07 4691 1910
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A 16 Charlotte St, Crows Nest QLD 4355
P 07 4638 1133
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