Child Support

Aussie Divorce Est. 2005

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Making Financial Arrangements That Put Children First

When parents separate, one of the most important things to sort out is how to financially support the children. That’s where child support agreements come in.

A Child Support Agreement is a legal arrangement between parents about how much financial support one parent provides to help raise their children.

In Australia, you can make informal agreements or legally binding ones—depending on what works best for your situation.

It doesn’t matter whether you were married, in a de facto relationship, or never lived together—the law says both parents are responsible for supporting their kids.

Types of Child Support Agreements

There are two main types of formal agreements under Australian law:

1. Limited Child Support Agreement

  • Must be in writing and signed by both parents.

  • Can be made without legal advice.

  • Based on a child support assessment from Services Australia.

  • Can last up to 3 years and is more flexible to change.

2. Binding Child Support Agreement

  • Must be in writing and signed by both parents.

  • Requires both parties to get independent legal advice.

  • Can include any agreed amount (more or less than the standard assessment).

  • Harder to change—needs a court order or both parties to agree.

Real-life example
Amanda and David agree that David will pay $600 a month to help with their daughter’s schooling and health costs. They formalise this in a binding child support agreement after each gets legal advice. The agreement gives both clarity and peace of mind.

Informal Agreements

Some parents make private, informal arrangements for child support without involving government services. While this may work for cooperative ex-partners, it’s not legally enforceable if one party stops paying.

Using Services Australia

If you don’t have a private agreement, you can apply for a child support assessment through Services Australia (Child Support Division). They calculate how much should be paid based on income, number of children, and time spent with each parent.

Payments can be made privately or collected by Services Australia on your behalf.

Can You Change a Child Support Agreement?

Yes—but how depends on the type of agreement.

  • Limited agreements can be changed if there’s a major change in circumstances (like job loss or change in care arrangements).

  • Binding agreements are harder to change—you’ll usually need to apply to the Family Court or both agree to revoke it.


Example
Tom agreed to pay $500 a month in a limited agreement. After losing his job, he applied to have the agreement changed, and Services Australia reassessed his capacity to pay.

What Happens If One Parent Doesn’t Pay?

If a parent falls behind or refuses to pay child support:

  • Services Australia can step in to collect payments.

  • Enforcement actions include wage garnishing, tax refund interception, or suspension of a passport.

Having a legally enforceable agreement helps protect against non-payment.

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