Child support is a critical aspect of family law. It ensures children receive financial support from both parents. In Victoria and across Australia, specific legal steps apply if you want to put someone on child support. This guide explains how child support works, how to apply, the different arrangements available, and common challenges. It also explains when legal advice may help.
Whether you live in South Morang, Warrnambool, or elsewhere in Victoria, this article will help you understand the process and take the next steps with confidence.
How to Put Someone on Child Support: At a Glance
If you need to put someone on child support, you can generally apply to Services Australia for a child support assessment. The assessment considers factors including each parent’s income and percentage of care.
Depending on your circumstances, parents may also make a private child support agreement or seek a court order where a dispute cannot be resolved.
- Services Australia assessment: Apply for an assessment based on the child support formula.
- Limited child support agreement: Make a formal agreement based on an existing child support assessment.
- Binding child support agreement: Make a formal agreement after both parties receive independent legal advice.
- Court order: Seek court intervention where appropriate if child support issues cannot otherwise be resolved.
Understanding Child Support in Australia
Child support is a legal obligation for parents to financially support their children. Services Australia manages the Child Support scheme in Australia and administers child support assessments.
For an administrative assessment, Services Australia uses a formula to determine the amount of child support payable. The calculation considers factors including:
- each parent’s child support income
- each parent’s percentage of care
- the number of children
- the ages of the children
- the estimated costs of raising the children.
Services Australia uses these factors to work out each parent’s income percentage, cost percentage and child support percentage before calculating the amount payable. The basic child support formula determines the amount payable based on the circumstances of each family.
Child support normally ends when a child turns 18. However, an assessment may be extended to the end of the school year in which the child turns 18 if the relevant requirements are met.
Before You Apply for Child Support
Before you apply, consider a few important steps. These can make the process smoother and help reduce delays.
Confirm Parentage
If paternity or parentage is unclear, you may need DNA testing or legal confirmation before child support can be assessed. The appropriate process will depend on the circumstances.
Clarify Parenting Arrangements
Child support assessments take care arrangements into account. The percentage of care each parent provides can affect the amount of child support payable.
Services Australia may consider evidence about care arrangements where parents do not agree. This can include parenting plans, court orders and other records of the care provided. The percentage of care used for child support purposes can affect the amount each parent pays or receives.
Prepare Your Documents
You should gather key documents early. These may include birth certificates, income details, information about care arrangements, and any existing court orders or agreements.
Services Australia may ask for additional documents to support an application depending on the circumstances.
Discuss Arrangements Early
Where possible, parents should communicate early. Some families reach private agreements, while others use Services Australia for an assessment and collection of child support.
If you cannot reach an agreement, legal advice may help you understand the available options before the dispute becomes more difficult to resolve.
How to Put Someone on Child Support
There are several ways to establish child support arrangements in Australia. The appropriate option depends on your circumstances and the level of agreement between the parents.
1. Services Australia Assessment
Most parents who need an administrative child support assessment apply through Services Australia.
The application process generally involves:
- checking whether you are eligible for a child support assessment
- applying online or using another available application method
- providing information about the parents, children, income and care arrangements
- providing supporting documents if Services Australia requests them
- waiting for Services Australia to assess the application and issue an assessment notice.
If Services Australia makes an assessment, the assessment notice will state how much child support is payable and when payments will start. You should check the information carefully and notify Services Australia if your circumstances or care arrangements change.
Changes to care arrangements can affect a child support assessment. Services Australia should be notified when relevant circumstances change because failing to do so can affect the assessment and may result in a debt or overpayment.
2. Private Child Support Agreements
Some parents choose to make a private child support agreement instead of relying solely on an administrative assessment. Different legal requirements apply depending on the type of agreement.
Limited Child Support Agreements
A limited child support agreement is a formal agreement between parents or carers about child support. Before Services Australia can accept a limited agreement, a child support assessment must already be in place.
The payments under the limited agreement must be equal to or greater than the annual amount payable under the assessment. Independent legal advice is not mandatory for a limited agreement, although parents can choose to obtain legal advice before entering into one.
Limited agreements can include cash payments and non-cash items such as school fees or health insurance. They may also end in certain circumstances, including where three or more years have passed since the agreement was made.
Binding Child Support Agreements
A binding child support agreement is a formal written agreement between parents or carers about child support.
Both parties must receive independent legal advice before entering into a binding child support agreement. The agreement must also contain the required legal certificates confirming that the advice was provided.
A binding agreement can provide for an amount that is different from the amount that would otherwise be payable under a child support assessment. Because these agreements can have significant legal and financial consequences, independent legal advice is particularly important.
The requirements for these agreements are set out under the Child Support (Assessment) Act 1989.
3. Court Orders
If parents cannot resolve child support issues through an assessment or agreement, court proceedings may be appropriate in some circumstances.
Depending on the circumstances:
- a parent may make an application to the appropriate court
- the parties may be encouraged or required to attempt dispute resolution where applicable
- the court may make orders dealing with child support or related issues.
Court proceedings can be complex. The appropriate process will depend on the nature of the dispute and the orders being sought.
How Is Child Support Calculated?
Services Australia uses a statutory formula to calculate administrative child support assessments. It does not simply divide a child’s expenses equally between the parents.
The basic calculation considers:
- each parent’s child support income
- the parents’ combined child support income
- each parent’s income percentage
- each parent’s percentage of care
- each parent’s cost percentage
- each parent’s child support percentage
- the estimated costs of the children.
This means that changes to income or care arrangements can affect the amount payable. The child support formula is applied according to the circumstances of each family.
Common Child Support Challenges
Disputed Paternity
If paternity or parentage is disputed, DNA testing or court orders may be required before child support can be assessed. The appropriate steps depend on the circumstances and the evidence available.
Irregular Income
Self-employed parents or those with variable income may require additional financial evidence for an accurate assessment. Services Australia generally uses adjusted taxable income when determining a parent’s income for child support purposes, subject to the applicable rules.
Non-Payment Issues
If child support payments are not made, Services Australia has powers to enforce collection. Depending on the circumstances, enforcement can include deductions from amounts owed to the liable parent.
For example, Services Australia may issue a garnishee notice for child support requiring an employer or another person who holds money for the liable parent to deduct an amount of child support.
Changing Circumstances
Changes such as job loss, changes in income or new care arrangements can affect child support. Parents should notify Services Australia when relevant circumstances change.
In some circumstances, a parent may also be able to seek a change to an assessment because of special circumstances. This is a separate process with specific requirements.
Why Legal Advice Can Help
Legal advice can help you understand your rights and obligations and choose an appropriate approach to your child support matter. A family lawyer can also assist with disputes and agreements.
- Explain your legal rights and obligations
- Draft or review child support agreements
- Assist with disputes or court proceedings
- Help with complex financial or parenting issues
- Explain the potential consequences of entering into a binding child support agreement.
Early advice can reduce stress and help prevent costly mistakes, particularly where there are disputed parenting arrangements, complex financial circumstances or disagreement about the amount of child support payable.
How Irvine Lawyers Can Help
At Irvine Lawyers, we assist families in South Morang, Warrnambool, and across Victoria with child support matters.
We provide support with:
- Child support applications and assessments
- Binding and private agreements
- Court representation where required
- Mediation and dispute resolution
We focus on clear advice and practical solutions that prioritise your child’s wellbeing.
If you need help with a child support assessment, agreement or dispute, you can book an appointment with Laurie Irvine today.
Frequently Asked Questions About Putting Someone on Child Support
How do I put someone on child support in Australia?
You can generally apply to Services Australia for a child support assessment. Services Australia will assess the application using the applicable child support formula and information about the parents’ income and care arrangements. Parents may also use a child support agreement where the relevant legal requirements are met.
Do I need the other parent’s permission to apply for child support?
You do not generally need the other parent’s agreement before applying for a child support assessment through Services Australia. Services Australia assesses the application and notifies the parents of the outcome.
How long does child support last?
Child support normally ends when a child turns 18. In some circumstances, it can be extended to the end of the school year if the child remains in secondary education and the relevant requirements are met.
Can parents make their own child support agreement?
Yes. Parents can make a limited or binding child support agreement if the relevant legal requirements are satisfied. The requirements differ between the two types of agreement. A binding agreement requires both parties to obtain independent legal advice.
What happens if the other parent refuses to pay child support?
If child support is payable under an assessment or relevant arrangement and the liable parent does not pay, Services Australia may have enforcement options available. These can include deductions from money owed to the liable parent in appropriate circumstances.
Can child support change if parenting arrangements change?
Yes. The percentage of care provided by each parent can affect a child support assessment. Parents should tell Services Australia when their care arrangements change because this may affect the amount payable.
Should I speak to a child support lawyer?
Legal advice can be particularly useful where parentage is disputed, parents cannot agree, there are complex financial circumstances, a binding child support agreement is being considered, or court proceedings may be necessary.