Home » Orders in Australian Family Law » Child Support and Financial Support Orders
When parents separate, ensuring that children are financially supported remains a key priority. In Australia, child support and financial support orders help make sure that both parents contribute to the child’s needs — even if the child lives mostly with one parent.
These payments can cover essentials like food, clothing, school costs, housing, and healthcare. Let’s break it down in simple terms.
Child support is money paid by one parent to the other to help with the costs of raising a child. It’s usually paid by the parent who has less day-to-day care of the child.
Child support can be arranged in two main ways:
Through Services Australia (Child Support Agency)
They assess how much should be paid using a formula based on income, care arrangements, and number of children.
They can also collect and transfer payments between parents.
Through a Private Agreement
Parents can agree on a set amount or other arrangements (e.g., paying school fees directly).
This agreement can be formalised into a Child Support Agreement — either binding or limited.
If parents can’t agree or if extra costs are involved (like private school fees or medical expenses), either parent can apply to the Family Court or Federal Circuit and Family Court of Australia (FCFCOA) for a financial support order.
These orders can go beyond standard child support.
Examples include:
Paying for private schooling or extracurricular activities.
Medical expenses not covered by Medicare.
Travel costs so the child can spend time with both parents.
Who Can Apply?
Either parent.
Sometimes a grandparent or carer can also apply if they are raising the child.
What the Court Considers
When making a decision, the court looks at:
Each parent’s income and earning capacity.
The cost of raising the child.
The amount of care each parent provides.
Any special needs of the child.
Real-Life Example
Example: Tania and Michael separated two years ago. Their son Luca lives with Tania most of the time. Michael pays basic child support through Services Australia. But Luca has started a private school, and Tania can’t afford the fees alone. She applies to the FCFCOA for a financial order requiring Michael to contribute to school costs in addition to child support. The court considers both their incomes and the child’s best interests before making a decision.
Do You Need a Lawyer?
You don’t need a lawyer to apply for child support through Services Australia, but legal advice is helpful if:
You want to draft a formal Child Support Agreement.
You’re applying for a financial support order through the court.
You’re unsure about your rights and responsibilities.
Key Takeaways
Child support ensures both parents contribute financially after separation.
Parents can use Services Australia or create private agreements.
Financial support orders can cover additional child-related expenses.
The child’s best interests always come first.
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