How much child support do I have to pay?

The child support calculator estimates how much child support you pay or receive if you are an Australian separated parent. It applies the basic formula, as defined by the Department of Human Services, Child Support (“DOHS”).

They provide a comprehensive website about Child Support and you should visit the Child Support calculator to see how much Child Support you will be required to pay found at https://processing.csa.gov.au/estimator/About.aspx

The level of child support varies depending on such factors as:

• the number of children of the relationship;
• the amount of overnight time each parent spends with the child;
• the ages of the children;
• whether the care of the children is shared;
• the extent to which the care of the children is shared;
• the incomes of the parents;
• whether the parent has other legally dependent children.

What does child support cover?

Child support covers food, clothes, housing, medical expenses, school costs and other expenses. The formula may not result in a figure which is high enough to cover all the expenses so some families agree to share medical costs, school fees and expenses and extra-curricular activities or one parent may pay them all.

What if child support isn’t used for my children’s expenses?

It is not necessary for a parent who receives child support to show that the child support has been used to pay for expenses for the children. Child support is usually dealt with as part of the household budget.

The Child Support I receive doesn’t cover all my children’s expenses, what can I do?

Sometimes the basic formula produces a result which is not appropriate. This can occur if a parent has entered into an arrangement to minimise their taxable income, or if a parent has lost their job since the assessment was made. The assessment might be unfair because the child has special needs or because the child is attending a private school. In these and other cases it is possible to ask the Child Support Agency to change the assessment. The DOHS will consider what each parent has to say and then decide whether the assessment should be changed.

Alternatively, instead of relying on the basic formula to determine the child support amount, child support can be negotiated between the parents to suit the needs of a child. This can be documented by way of Binding Child Support Agreement.

With binding child support agreements, it is a requirement that in order for it to be binding, you have to get independent legal advice and you must receive advice about the effect of the agreement on your rights advantages and disadvantages of entering into the agreement at the time you are entering into it.

Solari and Stock Lawyers can provide you with information and guidance specific to your circumstances, including how you should document any agreement you may reach with the other parent. To speak with one of our experienced Family Law Solicitors contact us on 02 8525 2700 or click here to request an appointment with one of our team.

Article written Nikita Ward
Image by Photo by Luke Michael on Unsplash