Child support laws in Australia ensure that both parents contribute financially to the needs of their children, regardless of their relationship status. Such contributions may be by agreement between the parties or they may be assessed and mandated by Services Australia – Child Support (the Child Support Agency) to guarantee the child’s financial needs are met.
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Parents in agreement about child support arrangements can record these by way of either a Binding Child Support Agreement or a Limited Child Support Agreement. Binding Child Support Agreements are legally enforceable and require all parties to seek independent legal advice before entering into the agreement. No child support assessment need be in place and Binding Child Support Agreements can be highly tailored to the parties’ needs. Limited Child Support Agreements, on the other hand, do not require legal advice although do mandate that a child support assessment to be in place and generally offer less flexibility than Binding Child Support Agreements.
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Child Support is assessed and governed by the Child Support Agency and there are specific measures outlined in the Child Support legislation to allow for parties to make objections to any particular child support decision. In certain circumstances, parties may escalate such disputes to the Federal Circuit and Family Court of Australia by way of a Departure application, which is an application seeking an order for a re-calculation of child support thereby departing from the child support assessment in place. Such applications may only be made under specific circumstances, such as where there are particularly high costs of childcare for a child or where a child has significant needs. These applications must demonstrate valid grounds and are reviewed to ensure they align with the best interests of the child.
If you have questions about your current level of child support, please contact us for expert advice.
Parents may be required, in special circumstances, to provide financial support for their children after they turn 18 years of age. The Court may order that Adult Child Maintenance be paid for a child who cannot support themselves due to reasons such as education, disability, or illness. Under the Family Law Act, either an adult child or their parent may seek financial assistance to ensure their well-being, development, and financial needs are met. Issuing an order for adult child maintenance guarantees that vulnerable young adults obtain the necessary financial support when they are unable to provide for themselves independently.
At Tosh Colls Family Law, we provide expert guidance on eligibility, application processes, and navigating these claims with transparency and care.
