Child Support Applications, Reviews and Agreements

Both parents are primarily responsible for maintaining their children.

The Child Support Agency

Child support is generally payable in accordance with a formulae contained in the Child Support (Assessment) Act 1989. Different formulae apply depending on the circumstances of the parents. Either parent or the child can ask the Child Support Agency to make an assessment of the amount payable and the assessment is enforceable.

If a party wants to vary a child support assessment, he and/or she must usually apply to a child support review officer of the Child Support Agency. There are limited circumstances in which a child support assessment will be varied.

The Family Court

A variation from a child support assessment can also be made by the Family Court if there are proceedings pending in the Family Court.

The Family Court can also make orders regarding child support if:

• The parents separated before 1 October 1989,
• The child is over 18 years of age, or
• The prospective payer lives overseas and is not covered by the child support legislation.

Child Support Agreements

In the alternative to applying for a child support assessment from the Child Support Agency, parents can enter into different types of child support agreements. These can be either long term or short term agreements. In general, both types set out the level of financial support to be provided by one parent to the other for the children and how that support is to be paid. For example, agreements can provide for an amount of child support to be paid periodically and/or set out how expenses such as school fees are to be paid. Child support agreements can be registered with the Child Support Agency, making the consent arrangement enforceable.

Parents who enterred into child support agreements before 1 July 2008 will need to transfer those agreements to the new child support scheme.

If a parent receives a Social Security payment, special rules may apply.

General

Child support issues can be complicated.

Please contact us to obtain detailed advice regarding your child support matter.


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