Child support

About child support

Child support is money paid by one parent to another parent to support the care of their child. 

Both parents are legally responsible for financially supporting their child regardless of:

• what type of relationship the parents were in, if at all
• where the child lives 
• how much time the child spends with each parent, if at all. 

Child support is different to spousal maintenance.

If you have recently separated from your spouse and you have a child together, you may need to discuss child support.

Depending on your parenting arrangements and financial circumstances, you may be eligible for, or have to pay, child support.

There are three different ways you can deal with child support:

1. an informal agreement, where you and the other parent deal with child support privately
   
2. a child support assessment, where Services Australia assesses the amount of child support a person should pay, and collects the amount owing 
   
3. a child support agreement – binding or limited agreement.
   

The type of agreement you make will determine the amount of child support you receive or pay. If you have a private agreement, you and the other parent can decide on how much child support you should pay. If you have a child support assessment, your child support payments are calculated based on the combined incomes of both parents and the care arrangements for your child.

Child support assessment

An application for a child support assessment can be made by:

• either parent of a child, including parents from a same-sex relationship
• a non-parent carer, for example, a legal guardian, grandparent or other family member. 

A non-parent carer will only be eligible for child support if they:

• have care of the child between five and nine nights per fortnight, and
• are not be in a domestic relationship with the child's parent.

You must apply for child support within 13 weeks of the date:

• your child was born or entered your care
• you separated from the other parent
• you began caring for your child 35% or more of the time
• you first became eligible to apply for child support.

If you apply after 13 weeks, this may affect the amount of Family Tax Benefit you are entitled to receive. There are some exceptions to this, including if you are experiencing family or domestic violence, or don’t know the identity of the other parent.

When undertaking a child support assessment, Services Australia will look at:

• you and your ex-partner’s individual income, and your combined income
• your child’s age
• the amount of time you and your ex-partner care for your child
• the cost of caring for your child
• whether you or your ex-partner have a child from a past or new relationship.

How to apply

You can apply for a child support assessment:

• online via myGov
• by calling the Child Support Enquiry Line on 131 272.

You will need to provide proof that your ex-partner is the parent of your child. Services Australia will only accept the following types of proof of parentage:

• your ex-partner is named as a parent on your child’s birth certificate
• your ex-partner has sworn a statutory declaration that they are your child’s parent
• you and your ex-partner were married when your child was born
• you were living with your ex-partner when your child was conceived
• your ex-partner has legally adopted your child
• a court has made an order that your ex-partner is your child’s parent.

If you have a parenting plan or parenting orders, you must submit them with your application.

For more information, see Child support factsheet 1: Taking action to get child support.

Objecting to a child support decision

If you disagree with a child support decision made by Services Australia, you may be able to object within 28 days. 

You can object to a decision:

• to accept, or not to accept, an application for a child support assessment
• to make, or refuse to make, a determination about a change of assessment in special circumstances
• about the particulars of a child support assessment, such as the adjusted taxable income of a parent, the costs of each child, or the annual rate of child support
• to accept or refuse a child support agreement
• to terminate a limited child support agreement.

For more information, see Objections to child support decisions on the Services Australia website

If you are unhappy with the outcome of the review, you can apply for a first review of the child support decision to the Administrative Review Tribunal (ART) within 28 days. If you don’t live in Australia, you can apply within 90 days. There are no fees for a first review of a child support decision. 

For more information, see Child support on the Administrative Review Tribunal website.

Disputing parentage

If you are assessed to pay child support, but don’t think you are the father of the child, you may be able to apply to for a court order declaring that you are not responsible for paying child support. 

You must apply for a declaration within 56 days of being notified of the child support assessment. After this, you will need to ask the Court for leave (permission) to apply for a declaration.

Applying for a declaration doesn’t suspend your obligation to pay child support. If you want to suspend your child support, you need to apply for an order to stay (stop) your assessment until your case is heard.

For more information, see Child Support Factsheet 2 – Taking action to question paternity. 

Change of circumstances

If you change your parenting agreement or your circumstances change, and you have a child support assessment, you must notify Services Australia within 28 days. This may affect your child support assessment and entitlements to Centrelink benefits.

You must notify Services Australia of any changes to your contact details, income, relationship status or care arrangements for your child.

If you don’t, and you pay child support, you may:

• pay too much
• not pay enough and build up a debt.

If you receive child support, you may:

• get paid late
• not be paid enough
• get paid too much and have to pay back money.

You may also incur a debt with Centrelink that you have to pay back.

You can tell Services Australia about the change in care arrangements online, either:

• through your Child support online account on MyGov, or
• the Express Plus Child Support mobile app.

For more information, see Change of circumstances on the Services Australia website.

Centrelink

If you are eligible to receive child support, you may also be eligible for:

• Centrelink payments, including pensions and allowances
• Family Tax Benefit
• childcare fee assistance.

Services Australia and Centrelink use the same rules to determine the percentage of care you and your ex-partner provide for your child. When one agency determines percentage of care, the other agency will automatically use the same percentage.

For more information, see Centrelink payments.

Get financial help

For information and tools to help you manage your finances, see:

• Managing your money on the Services Australia website, and
• the moneysmart website.

If you are experiencing financial stress, you should speak with a financial counsellor.  

If you have, or are experiencing domestic violence, there are specialist financial counsellors that can help you deal with debt, financial hardship, Centrelink and managing your money. 

For more information, see Find a Financial Counsellor on the National Debt Helpline website.

If you are Aboriginal or Torres Strait Islander, you can call Mob Strong Debt Help to speak to a First Nations financial counsellor. For more information, see Mob Strong Debt Help on the Financial Rights Legal Centre website.