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The Child Support (Assessment) ACT 1989 (CTH) provides for the administrative assessment of child support by applying a formula by the Child Support Registrar.
The child support assessment is performed by Services Australia (Child Support) upon application by a parent or eligible carer.
To apply for Child Support, you must make an online application on the Services Australia (Child Support) website. You must apply for both you and your former partner to be assessed, not live with your former partner, and comply with ss 26 of the CSAA (only one of the persons may apply).
How is child support calculated?
As prescribed by section 35 of the CSAA, the annual rate of child support payable is calculated by using the formula:
Child support amount = child support percentage × costs of the child.
- is based on the costs of raising children;
- considers the combined income of both parents and treats the income of both parents in the same way;
- recognises both parents’ contributions to the children via care or contact; and
- treats the children from first and subsequent families more equally.
Alternatively, you may wish to make a child support agreement with your former partner instead of seeking an administrative assessment of child support.
This may be a more flexible option as you can agree on the amount of child support that must be paid or change the elements of an administrative assessment made by Services Australia (Child Support). Agreements can also be made about methods of paying child support, such as non-periodic and lump-sum payments.
Our family law solicitors will discuss each option to ensure you understand the processes. Our lawyers are experienced in child support matters and understand the complexities.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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