a close-up of a couple of cut out figures

GJA Law – Sydney’s Trusted Child Support Lawyers

Child Support in Sydney

Man is working with documents

Child support is a fundamental aspect of ensuring children’s wellbeing when parents live separately. In Sydney, as across Australia, it is a legal obligation designed to guarantee that both parents contribute financially to the costs of raising their children, regardless of the nature of the parents’ relationship.

At GJA Law, we understand that child support matters can be a source of significant stress and confusion. Our goal is to provide clear, authoritative advice that demystifies the system, protects your interests, and, above all, ensures that the financial needs of the children are fairly and reliably met.

Start Your Legal Matter with Confidence

    Step 1/4

    What kind of legal matter are you enquiring about?

    Step 2/4

    Where is the property or matter based?

    Step 3/4

    Your contact details




    Step 4/4

    Is there anything else you’d like us to know?


    What Is Child Support?

    Child support is a periodic, ongoing financial payment made by one parent (the liable parent) to the other (the receiving parent) to assist with the day-to-day costs of raising a child. In Australia, the child support system is primarily administered by Services Australia (Child Support) under the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth). It is a separate system from the family law courts, though they interact closely.

    The core principle is that both parents have a primary duty to financially support their children. This duty exists independently of any parenting time arrangements; the obligation to pay support is not contingent on the right to spend time with the child, and vice-versa. Child support is the right of the child, not the receiving parent, and payments are intended to cover a share of the child’s reasonable needs.

    • Fantastic service. Always honest and clear in the advice being given. I have recommended others to GJA and will continue to do so.

      Rachel


    Read More Testimonials from our Clients!

    How Child Support Is Assessed

    Services Australia uses a detailed, formula-based Administrative Assessment to calculate child support liabilities. This is the default method and is designed to be objective and consistent. The formula takes into account several key variables:

    1. Each Parent’s Adjusted Taxable Income: This is the cornerstone of the assessment. The last three years of taxable income are examined, with a capacity to estimate income if a parent is not fully disclosing earnings.
    2. The Percentage of Care: This measures the number of nights each parent has the child in their care per year. This is critical, as a higher level of care reduces the liable parent’s financial obligation, reflecting the direct costs they incur when the child is with them.
    3. The Costs of the Children: Based on the combined parental income and the ages and number of children, the Assessment uses standardised cost tables to estimate the total costs of raising those children.
    4. Other Relevant Factors: These can include the cost of private health insurance, school fees, and any relevant special needs of the child.

    The formula apportions the total cost of the children between the parents based on their respective incomes, and then credits each parent for the costs they are assumed to incur directly through their care. The resulting figure is the annual liability, typically paid in fortnightly instalments.

    Types of Child Support Arrangements

    Parents have options for how child support is managed:

    1. Administrative Assessment (CSA Collection): Services Australia calculates the amount and collects payments from the liable parent’s wages or Centrelink payments, transferring them to the receiving parent. This offers certainty, enforcement mechanisms, and a record of payments but involves a small administrative fee for the receiving parent.
    2. Private Collect (or Direct Pay): The parents agree to use the CSA’s calculated assessment but manage the payments directly between themselves. Services Australia monitors the assessment (e.g., for income or care changes) but does not handle the money. This avoids collection fees but relies on trust and good record-keeping.
    3. Child Support Agreement: Parents can make their own binding agreement that departs from the formula assessment. There are two types:
      • Limited Child Support Agreement: Must be in writing, signed, and witnessed. The rate must be at least as high as the current administrative assessment.
      • Binding Child Support Agreement: A more complex and strict document that requires independent legal advice for both parties before signing. It can set any amount (including lower than the formula) and can include provisions for payments like school fees or orthodontics. It is very difficult to change and provides long-term certainty.
    4. Court Orders: In complex situations (e.g., high wealth, trusts, or self-employed parents with variable income), an application can be made to the Family Court for a Child Support Order. This is less common but necessary where the formula is inadequate or inappropriate.

    What Child Support Covers

    Child support is intended to contribute to the child’s day-to-day living expenses, including:

    • Accommodation (rent, mortgage, utilities)
    • Food and groceries
    • Clothing and footwear
    • School expenses (books, excursions, uniforms)
    • Extracurricular activities (sports, music lessons)
    • Medical costs not covered by Medicare or private health insurance
    • Transport and entertainment

    It is generally not intended to cover singular, large expenses on its own. These are often addressed separately through:

    • Special expenses: Add-on costs for items like significant medical/dental expenses, high school fees, or travel expenses for long-distance contact. These are typically shared between parents in proportion to their incomes.
    • Provisions within a Binding Child Support Agreement.

    Changing a Child Support Assessment

    A child support assessment is not static. Either parent can apply to Services Australia for a change in the assessment if there is a change of circumstances. Common reasons include:

    • A change in either parent’s income (increase or decrease).
    • A change in the care arrangements (e.g., the child starts spending more nights with one parent).
    • The child’s needs have changed (e.g., starting high school, developing a health condition).
    • The costs of supporting another child or spouse in a new relationship.
    • One parent incurring high costs for enabling contact (e.g., significant travel).

    If Services Australia’s decision is disputed, parents can seek an internal review and, ultimately, appeal to the Administrative Appeals Tribunal (AAT).

    Enforcing Child Support Payments

    When payments fall into arrears under the CSA Collection or Private Collect schemes, Services Australia has significant enforcement powers. These can be initiated by the receiving parent and include:

    • Direct Deductions from Wages or Bank Accounts.
    • Intercepting Tax Refunds and other money owed by the Commonwealth (e.g., Centrelink payments).
    • Reporting the Debt to Credit Reporting Agencies, which can severely impact the liable parent’s credit rating.
    • Legal Action, including placing charges on property, seizing and selling assets, or, in extreme cases, pursuing civil penalties or imprisonment for persistent, wilful non-payment.

    For private agreements or court orders, enforcement typically requires a separate application to the Family Court, which can make orders for payment of arrears and future compliance.

    Our Services

    GJA Law assists Sydney clients with a wide range of child support matters, including:

    • Reviewing and drafting contracts or agreements
    • Advising on legal rights and obligations
    • Negotiating terms or resolving disputes
    • Working with agents, financial advisors, or other professionals where necessary
    • Managing the process through to completion with accuracy and efficiency

    • Dealing with GJA was a great experience. I felt comfortable at all times with their advice. My situation and the process was explained in laymans terms. As a result they won the case for me.

      Nick

    Why Choose GJA Law?

    • Practical legal advice tailored to you
    • Clear, upfront pricing options
    • Strong foundations in property, estate, and family law
    • Innovative processes to reduce complexity
    • A client-focused team that puts your needs first

    Learn More About Parenting 

    Contact Us

    If you are dealing with child support in Sydney, contact GJA Law today. Our experienced lawyers will guide you through the process with confidence and provide the support you need.

    Common Child Support FAQs

    What is child support and who is required to pay it?

    Child support is a legal obligation requiring parents to contribute financially to the costs of raising their children when they do not live together. Either parent may be required to pay child support, depending on income levels and care arrangements. The obligation exists regardless of the parents’ relationship status and is separate from parenting time or decision-making rights.

    How is child support calculated in Australia?

    Child support is usually calculated by Services Australia using a formula-based assessment. The formula considers each parent’s income, the number and ages of the children, and the percentage of care each parent provides. It aims to fairly apportion the cost of raising children between parents based on their financial capacity and level of involvement in day-to-day care.

    Can parents make their own child support arrangements?

    Yes. Parents can rely on an administrative assessment or choose to enter into a private child support agreement. Limited agreements offer flexibility but must meet minimum payment thresholds, while Binding Child Support Agreements provide long-term certainty and can include payment of specific expenses such as school fees or medical costs. Binding agreements require independent legal advice for both parties.

    What expenses does child support cover?

    Child support contributes to a child’s everyday living costs, including housing, food, clothing, education-related expenses, and general activities. It does not automatically cover large or exceptional expenses, such as private school fees or significant medical costs, unless these are specifically included in an agreement or added through a change of assessment.

    Can a child support assessment be changed?

    Yes. Either parent can apply to Services Australia to vary a child support assessment if circumstances change. Common reasons include changes in income, care arrangements, or the child’s needs. Decisions can be reviewed internally and, if necessary, appealed to the Administrative Appeals Tribunal. Acting promptly helps prevent unexpected debts or missed entitlements.

    What happens if child support is not paid?

    If child support is unpaid, Services Australia has broad enforcement powers, including wage deductions, tax refund intercepts, and recovery action against assets. Persistent non-payment can affect credit ratings and lead to court proceedings. Early legal advice can help resolve arrears, negotiate payment arrangements, or enforce compliance before matters escalate.

    Related Articles