Child Support & Child Maintenance

Both parents have a legal duty to financially support their children, whether or not they were married, and whether or not they spend time with the children. Child support is the system that gives effect to that duty after separation. At Bruce Dulley Family Lawyers we advise Brisbane parents on every aspect of child support and child maintenance, so that children are properly provided for and parents understand their rights and obligations.

For most families, child support is administered by Services Australia (the Child Support Agency) rather than the courts. Either parent can apply for a child support assessment, and the agency calculates how much should be paid using a legislated formula. The formula takes into account both parents' incomes, the number of children and their ages, the number of nights each child spends with each parent (the level of care), and the costs of raising children as set by the government. Because it is income-driven and care-driven, the assessed amount changes as those circumstances change.

While the administrative formula works well for many families, it does not suit everyone, and this is where legal advice becomes valuable. A parent who believes the assessment does not reflect reality can apply for a "change of assessment" on a number of recognised grounds — for example, where a parent's true income or earning capacity is higher than their tax return suggests (a common issue with self-employed parents or those with income held in companies or trusts), where the child has special needs or high medical, educational or disability costs, or where one parent is meeting significant costs directly. We help parents prepare and respond to change-of-assessment applications and gather the financial evidence needed to support them.

Parents who prefer certainty and flexibility can also enter into a child support agreement rather than relying solely on the formula. There are two kinds. A Limited Child Support Agreement does not require legal advice but must be at least equal to the formula amount and can be ended more easily. A Binding Child Support Agreement requires each parent to obtain independent legal advice before signing and can depart from the formula in either direction; it is much harder to change, which provides long-term certainty but should only be entered into with proper advice. We draft and advise on both, and we make sure clients understand the long-term consequences before committing.

Child support is separate from, but interacts with, parenting arrangements. The number of nights a child spends with each parent directly affects the assessment, so a change in living arrangements can change the financial position. It is also distinct from spousal maintenance, which is support for a former partner rather than for the children.

A common question is how long child support lasts. Generally it continues until a child turns 18. However, in certain circumstances a court can order "adult child maintenance" — financial support for a child who is 18 or over where it is necessary to enable the child to complete their education, or because of a disability. We can advise whether such an order may be available in your situation.

Where there is a significant debt to the Child Support Agency, the agency can issue a Departure Prohibition Order. This order prevents the debtor from leaving Australia until appropriate arrangements are made for the payment of the debt. We can assist with negotiations with the Agency to ensure that the debt is appropriately addressed.

We also assist where there are disputes about collection, arrears, or a parent who is not meeting their obligations, and where overseas elements complicate matters. Our aim is straightforward: to make sure the financial support of your children is fair, properly assessed, and actually paid. Every family law matter is different. The information on this page is general only and is not legal advice. To discuss your situation in confidence, request a confidential consultation with our Brisbane family law team.