Raising a child involves emotional care and financial responsibility. After a separation, ensuring that both parents contribute to the costs of raising their children is essential. That’s where child support comes in.
In Australia, child support is managed by Services Australia, with assessments based on income and care percentage. Legal advice can help ensure fair arrangements.
Below, we outline the key steps for filing for child support in Australia and how Johnsons Law Group can support you every step of the way.
Quick Overview: How to File for Child Support in Australia
Most child support cases are managed by Services Australia (Child Support Division). You can apply online or over the phone. After applying, a child support assessment is made based on both parents’ income, the care percentage and other factors. Legal advice can help you understand your rights and ensure the arrangements are fair and enforceable.
Step 1: Determine Eligibility for Child Support
Child support typically applies when:
- You have separated or divorced from the child’s other parent
- You are the primary carer or share care of the child
- The child is under 18 (or under 20 if still in secondary school)
Both biological and adoptive parents can be assessed, regardless of whether they were married, in a de facto relationship or never lived together.
You can receive child support whether or not you have formal custody or parenting orders.
Step 2: Apply for a Child Support Assessment
Applications for child support are made through Services Australia. You can apply:
- Online via your myGov account
- By phone through the Child Support Enquiry Line (131 272)
- With help from a Centrelink service centre
You’ll need to provide:
- Details of both parents (names, addresses, contact info)
- Child’s full name and date of birth
- Details about parenting arrangements
- Proof of identity and income (e.g., tax returns, payslips)
Services Australia will then assess the case and calculate the amount of support to be paid.
Step 3: Understand How Child Support Is Calculated
The child support amount is based on a standard formula considering:
- Each parent’s income
- The number of nights the child spends with each parent (percentage of care)
- The number of children being supported
The goal is to create a fair contribution from both parents based on capacity to pay and level of care. The assessment can be updated if circumstances change.
Step 4: Choose a Payment Method
There are two main options for managing payments:
-
Child Support Collect (CSA Collect)
Services Australia collects payments from the paying parent and passes them to the receiving parent. This option is helpful when:
- The relationship is strained
- Payments have been missed before
-
Private Collect
Parents manage the payments between themselves. This is suitable when there is a high level of trust and communication.
You can switch between methods if needed.
Step 5: Consider a Binding Child Support Agreement
For more control over the arrangements, you and your ex-partner can enter into a Binding Child Support Agreement (BCSA). This is a formal, legally enforceable document outlining how much is paid and how often.
Key features:
- Must be in writing and signed by both parties
- Each party must obtain independent legal advice before signing
- Can include lump-sum payments or different arrangements than the standard formula
A BCSA is particularly helpful in complex financial situations or where you want more certainty and enforceability.
Step 6: Keep Records and Monitor Payments
Whether you use CSA Collect or Private Collect, it’s important to:
- Keep receipts or bank statements
- Track due dates and payment amounts
- Notify Services Australia of any missed payments
- Record changes in income or care levels that may affect the assessment
Disputes can arise. Keeping records protects both parents.
Step 7: Update or Dispute an Assessment
If your circumstances change, you may need to:
- Request a reassessment (e.g., job loss, increase in care)
- Lodge an objection if you believe the calculation is incorrect
- Appeal to the Administrative Appeals Tribunal (AAT) if Services Australia rejects your objection
Legal advice can be critical in these cases to present a clear and persuasive application.
When Should You Get Legal Help?
While the government handles many child support matters, there are times when legal advice is essential:
- You want a Binding Child Support Agreement.
- You disagree with an assessment or decision.
- You’re not receiving payments or your ex is evading obligations.
- There’s family violence involved.
Johnsons Law Group can help you protect your rights and ensure your children get the support they deserve
FAQs – Filing for Child Support in Australia
Can I apply for child support without going to court?
Yes. Most cases go through Services Australia without needing court involvement.
How long does it take to process an application?
It usually takes around 28 days after you submit all the necessary information.
Can I still get child support if I don’t have full custody?
Yes. Support is based on care percentages and income, not just custody status.
What happens if the other parent refuses to pay?
Services Australia can take enforcement action such as wage garnishment or tax refund interception.
Can we make our own agreement instead of using the formula?
Yes, through a Binding or Limited Child Support Agreement, with legal advice required for the former.
Need Help with Child Support? Contact Johnsons Law Group Today
Whether you’re just starting the application process or facing a dispute over payments, you don’t have to manage it alone. Johnsons Law Group offers clear advice and practical support to ensure your child receives the financial backing they deserve.
Call us on 02 9600 7277 or visit our Contact Us page to schedule a confidential consultation with one of our family law professionals. We’re here to guide you every step of the way.
