child support

How LEDA Lawyers can help

Navigating child support can be a complex and often confusing process, but it is a critical step in securing your child’s future. At LEDA Lawyers, we provide clear, expert guidance to help you understand your legal position, whether you are seeking to formalise an assessment or negotiate a private agreement. Our focus is on achieving a strong and sustainable outcome that provides for your child’s needs and gives you the financial certainty you require to move forward.

What is Child Support and who has to pay it?

All parents have a legal obligation to financially support their children.

Child support is financial assistance paid by one parent to the other to help cover the costs of raising a child after a separation. The payments are intended to cover everyday expenses such as food, clothing, housing, education, and medical needs.

Generally, the parent who has a higher income or less care of the child will be the one who pays child support to the parent who provides more care.

How is child support calculated in Australia?

The amount of child support is calculated using a complex formula administered by Services Australia. The formula is based on several key factors:

Each parent’s income: This is the primary factor, with each parent’s adjusted taxable income being a key part of the calculation.

The amount of time each parent cares for the child: The number of nights the child spends with each parent directly affects the calculation. The more nights a parent cares for the child, the less they are likely to pay or the more they are likely to receive.

The number of children: The total number of children in the family and their living arrangements are factored in.

The age of the children: The formula recognises that the cost of raising children increases as they get older, so separate calculations are used for children aged 12 and under and those aged 13 and over.

Is maintenance the same as child support?

No, they are distinct and serve different purposes.

Spousal or de facto maintenance is financial support for a former partner to assist with their own living expenses.

Child support is financial support for the care and upbringing of a child. It is paid to the other parent or carer, and the amount is generally determined by a formula administered by the Child Support division of Services Australia.

Can Parents Make Their Own Child Support Agreement?

Yes. Parents are not required to use the Services Australia assessment and can enter into a private child support agreement. There are two main types:

BINDING CHILD SUPPORT AGREEMENT

This is a formal, legally binding contract that requires both parents to have independent legal advice before signing. This type of agreement can set the child support amount at any level the parents agree on (which can be more or less than an assessment by Services Australia) and can cover specific expenses like private school fees or extracurricular activities. It offers greater flexibility and certainty.