Child Support and Child Maintenance

When parents separate, it is important that proper arrangements are established for the children’s ongoing financial support. In Australia, parents are financially obligated to provide child support for their children under the Child Support (Assessment Act) 1989.

Child support is to be provided for all children living in Australia following separation who are under 18, or if the child turns 18 during their final year of secondary education then that child is also eligible for support until the completion of that school year.

There is a requirement for parents to be residing in Australia, however, Australia has arrangements with various countries to facilitate the collection of child support. Parents are able to make an application through Services Australia for child support. Services Australia will make an administrative assessment of the child support to be paid by a parent and they will also collect payment. 

The cost of living in Australia is high, and the administrative assessment provided by Services Australia usually does not include all costs of financially maintaining a child. There are non-periodic payments that fall outside of the administrative assessment that parents can agree to pay for the children, including private school fees and education expenses, private health insurance, gap in medical expenses not covered by Medicare or private health insurance, and any other expense of the child.

Parents can enter into a Binding Child Support Agreement or Limited Child Support Agreement to formalise the non-periodic payments to be made by one parent to the other, or to set an amount for the periodic amount to be paid.Unlike child support, child maintenance is governed by the Family Law Act 1975.

The Court can make an order for child maintenance if a party cannot apply for child support under the Child Support (Assessment) Act 1989. The Court can also make an adult child maintenance order for a child over 18 and if maintenance is necessary for the child to complete their education or because of a mental or physical disability of the child.  

It is important to obtain advice from an experienced family lawyer in relation to different options for child support and maintenance. We can assist with having negotiations about the discrete issue of child support and maintenance or in connection with your parenting or property dispute if there is a child of your relationship.