Both parents have a duty to support their children financially, even after separation. Working out how much should be paid, and making sure it is paid, can be stressful. At Ipswich Family Lawyers, we help Ipswich parents understand child support, review assessments and put agreements in place that give children stability.
Our initial consultation gives you time to talk through your situation with a family lawyer and leave with clear, practical advice on your next steps. Call (07) 3378 8500 or send us a message to arrange a time.
Child support in Australia is managed by Services Australia under the Child Support (Assessment) Act 1989. Most parents receive an assessment worked out using a formula.
The formula looks at both parents’ incomes, how many nights each parent cares for the children, and the number and ages of the children. The more care a parent provides, the more of the children’s costs they are treated as already meeting.
Parents can also make their own child support agreement instead of relying only on the formula assessment.
There are two kinds of child support agreements. A limited child support agreement can be made when there is an assessment in place and the amount is at least the assessed amount. A binding child support agreement can set any amount, but each parent must get independent legal advice before signing, and it is hard to change later.
If the formula does not reflect your family’s situation, for example because of high costs for a child’s special needs or school fees, you may be able to apply to Services Australia for a change of assessment. In some cases the court can also make orders about child support.
Support for a child over 18 who is still studying is called adult child maintenance. It is dealt with under the Family Law Act 1975 rather than the child support scheme.
We explain how child support applies to your family and help you take the right next step. Here is how we can assist:
We are proud to support families across Ipswich, from Raceview and Redbank Plains to Springfield and Yamanto.
We understand that no two families are the same. Our team takes time to learn about your situation so we can give advice that fits your needs.
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Contact us today for a confidential consultation. We’re here to listen, understand your needs, and guide you toward a brighter future for you and your loved ones.
Child support can usually be sorted out without going to court. Here is how the process usually works.
Either parent can apply to Services Australia for a child support assessment. Services Australia uses tax information and care arrangements to work out the amount.
Check that the incomes and care percentages used are correct. If something changes, such as your income or the care arrangements, tell Services Australia so the assessment can be updated.
If the formula amount does not suit your family, you can make a child support agreement or apply for a change of assessment. We advise you on which option is best and prepare the documents.
Child support can be paid privately between parents or collected by Services Australia. If payments stop, Services Australia can take steps to collect the money owed.
Keep records: Note every payment and any extra costs you pay, such as school fees or medical bills.
Lodge tax returns on time: Late returns can lead to an inaccurate assessment.
Keep issues separate: Child support and time with the children are separate issues. Never stop the children seeing the other parent because of unpaid child support.
Child support often goes hand in hand with other family law issues. We also help with:
Services Australia uses a formula based on both parents’ incomes, the number of nights each parent cares for the children, and the number and ages of the children.
Yes. Parents can make a limited or binding child support agreement. A binding agreement requires both parents to get independent legal advice before signing.
Usually, yes. If the child is still at secondary school, a parent can apply for it to continue until the end of the school year. Support for an older child who is studying may be claimed as adult child maintenance.
If Services Australia collects the payments, it can take enforcement action, such as taking money from wages or tax refunds. If you collect privately, you can ask Services Australia to collect for you.
Not necessarily. Even with equal care, the parent with the higher income may still need to pay child support to the other parent.
Child support affects your budget and your children’s future. Our Ipswich family lawyers will explain where you stand and help you reach an arrangement that is fair.
Call Ipswich Family Lawyers today or send us a message to book your first consultation.
Our initial consultation gives you time to talk through your situation with a family lawyer and leave with clear, practical advice on your next steps. Call (07) 3378 8500 or send us a message to arrange a time.