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Child Support Lawyers

Navigating child support can be one of the most pressing concerns following a separation or divorce.

Whether you’re paying it or receiving it, child support can be a sensitive topic to work through after a separation occurs. As specialists in family law, we offer expert guidance and support throughout the process of applying for, negotiating, and enforcing child support agreements. We’ll explain your rights and entitlements as well as the different pathways you can use to organise child support, so you’re clear on how to move forward.

Understanding child support

Child support is money one parent pays to the other parent to contribute to the day-to-day expenses for their children following a separation or divorce.

In Australia, child support is dealt with through an administrative scheme administered by the Department of Human Services (Services Australia). Services Australia, sometimes known as the Child Support Agency, helps parents to work out how much child support should be paid for children’s day-to-day expenses, based on a formula. This is sometimes called an ‘administrative assessment’. Services Australia also assists parents to collect and enforce payments of child support.

An administrative assessment of child support covers basic living costs like food, clothing, housing, transport, medical expenses and school costs. Often parents decide to contribute to additional costs for the children like school fees, medical costs and extra-curricular activities. This might be because the formula is insufficient to pay the actual costs of the children, or because the parents want to maintain the opportunities and requirements of the children pre-separation, after separation.

A good place to start to understand how much child support you might pay or receive, is by using the Services Australia online estimator here.

How to obtain child support

Assessment by Services Australia: Many child support arrangements begin with asking the Child Support Agency to issue an administrative assessment. The assessment calculates the amount of support using a formula that considers both parents' taxable incomes, the number of children and the living arrangements of the children. Either parent can request an assessment be undertaken by Services Australia.

Private agreements: Parents can also agree on child support payments independently. This can support a tailored approach to ensuring that everyone’s needs and circumstances are met.

A private child support agreement can be informal and undocumented. You can also legally record an agreement about child support, so you have greater comfort that you will be able to rely on it for a long time. This can be done in a Limited or Binding Child support Agreement.

Whichever option you take, it is critical to get some advice as the laws relating to child support are complicated. Your private arrangement can have an ongoing impact on your rights and entitlements.

Court proceedings: Sometimes child support issues are dealt with by the Federal Circuit Court and Family of Australia, although this is less common. The Court deals with child support and child maintenance only in certain situations and with pre-conditions being met. Typically, this is in relation to appeals (where the AAT does not apply), child support departure orders, or adult child maintenance.

How we can help

  • Assessment and agreements: we can help you to navigate and understand the assessment process, negotiate private agreements. We can draft and advise on Limited and Binding Child Support agreements, to ensure they are properly documented.
  • Dispute resolution and enforcement: our team can assist in resolving disputes over child support, including seeking court orders.
  • Advice on changing circumstances: we provide advice on how changes in circumstances, such as a change in income or care arrangements, can affect child support and what steps to take if you think your child support arrangement is not fair.

Why work with us?

  • Expert guidance: our team has extensive experience in child support matters, offering clear, practical advice tailored to your situation.
  • Client-centred approach: we prioritise your children's well-being and look at the ‘big picture’. We work tirelessly to ensure you have certainty about your financial needs.
  • Comprehensive support: from administrative assessments to enforcing agreements, we're with you at every step of the way. You’ll have the support and representation you need with us walking alongside you.

Securing your children's financial future

Child support is essential for your children's security and well-being. We’re committed to helping you navigate the complexities of child support to secure a positive outcome for your family. Contact us to discuss how we can assist with your child support matters to secure a fair and sustainable child support arrangement.

Child support is payable by law by the parent of all children who are under 18, or if your child is in their final year of schooling (full time), then it continues until the child’s last day of the school year until that child turns 18 years.

After this, adult child maintenance can apply in special circumstances if warranted. Adult child maintenance can require one or both parents to continue financial support for the adult child, to ensure their proper needs are met. To qualify, the child must be undertaking tertiary study or have a disability of medical condition limiting their ability to become independent. Each case is assessed individually according to the particular facts that apply.


Services Australia, sometimes known as the Child Support Agency, helps parents to work out how much child support should be paid for children’s day-to-day expenses, based on a formula.

Services Australia does not regulate how child support payments are spent. The receiving parent has full discretion about how the money is applied to support the child or the overall costs of the household.

You can elect to have Services Australia collect and pass on child support payments to you from the other parent, or receive them directly through a private collect arrangement. In some cases, payments made to a third party, such as for private school fees, childcare, medical or dental costs, or household bills like rates or mortgage repayments, can be credited towards a child support liability. These are known as non-agency payments and apply when both parties agree or when Services Australia determines the payment was intended as child support.


Yes. Child support is payable regardless of how much or little care you have of your child or children. That is because every parent has a legal obligation to contribute to their child’s financial needs under Australian law.

A Limited Child Support Agreement is a formal agreement that does not require independent legal advice. However, it can only last up to three years and cannot set payments below the rate assessed by Services Australia. Parents can end or extend it if circumstances change.

A Binding Child Support Agreement is much more formal and it requires both parties to obtain independent legal advice on the terms, its advantages and disadvantages, and the effect on their legal rights. It offers greater certainty and runs indefinitely unless specific conditions are met or both parties agree to terminate it. Because a Binding Child Support agreement is not easily changed once signed, it is extremely important to obtain legaladvice from child support lawyers who can help determine whether it is right for your situation and what should be included.

Yes. If an administrative assessment is in place, that assessment can change according to your particular circumstances or your former partner's circumstances, such as a shift in care levels, varying incomes, or the arrival of other dependent children.. Parents can also apply to have Services Australia reconsider an existing assessment through a process known as a Change of Assessment. There are ten special circumstances under which you can request a reconsideration of child support. You can view them here.

Private Binding Child Support Agreements can only be renegotiated if both parties agree. and can only be set aside by a court in very rare and limited circumstances where an exceptional change in circumstances has occurred.This is difficult to establish.

If the other parent is not meeting their child support obligations under an assessment, Services Australia can enforce payment. For private agreements, a combination of help from Services Australia and other legal action through the Court may be necessary. Our team is experienced and skilled and can guide you through this process and talk with you about all of the options available to you.

Services Australia can coordinate obtaining payment from the other parent on your behalf, including by having deductions being made from their wages or deducting from tax refunds or commencing Court action against them.

You can also seek an exemption from having to apply for child support, if you believe asking for child support puts you or your children at risk. If you do so you may be eligible for a special grant of payments from Centrelink. If you do not pursue child support when required to by Centrelink, it may affect other allowances and benefits, including Family Tax Benefit, that you receive. Speak to a lawyer about your options or discuss your concerns with Services Australia, who can assign a social worker to your case to help guide you through these difficult and stressful situations.


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