Child Support

Child Support – Background

When two people with children separate they are required to provide financial support for their children in the way of child support.  Child support is designed to provide for the needs of the children.

Applying for Child Support

Administrative Assessment

Most Child support is based upon an administrative assessment through the (Commonwealth) Department of Human Services. There is a “Calculator” on their Centrelink website which estimates the child support that is payable. The child support varies depending upon, in particular, the income of each parent and the parent’s percentage time of caring for the child.

The parent’s percentage time of caring for the child could be based upon a Parenting Plan (assuming it is being followed by the parties). Lees Luke Family Law can assist you in drafting and negotiating a Parenting Plan.

Child Support Agreements

Payment of child support can also be based on a Child Support Agreement, or a Limited Child Support Agreement, that the parties negotiate and enter into.

To enter into a Child Support Agreement:
1. you need to seek legal advice (unless it is a Limited Child Support Agreement);
2. there must be an administrative assessment already in place; and
3. the amount payable under the Child Support Agreement must be no less than the amount that would be payable under an administrative assessment.

Lees Luke Family Law can assist you in drafting and negotiating a Child Support Agreement.

Court Orders

Courts can make child maintenance orders in respect to children not covered by the relevant legislation, for example where children are over 18 years of age or in respect to step-children.