Child Support FAQs: Answers to Common Questions

If you’re going through a separation or divorce, not only do you need to think about parenting arrangements and what is happening with your property, but also about child maintenance. This can feel overwhelming. This guide answers some of the most frequently asked questions about child support, helping you understand your rights, obligations, and options.

What Is Child Support?

Child support is financial assistance paid by one parent to the other to help with the costs of raising a child after separation. It is intended to cover everyday expenses such as food, housing, clothing, education, and medical needs.

Who Has to Pay Child Support?

Typically, the parent who spends less time with the child pays child support to the parent who provides primary care. This principle is however determined by the income position of both parents as they are both responsible for financially supporting their children, regardless of who they live with.

How Is Child Support Calculated?

In most cases, child support is calculated by Services Australia (Child Support Agency) using a standard formula that considers:

• Each parent’s income
• The number of children
• The amount of time each parent spends caring for the children
• The costs of raising children at different ages

You can estimate your payments using the Child Support Estimator on the Services Australia website.

Can Parents Make Their Own Agreement?

Yes. Parents can enter into a private agreement, either:

• Limited Child Support Agreement (must be in writing and signed)
• Binding Child Support Agreement (must also include independent legal advice)

These agreements can set payments higher or lower than the standard formula, as long as they’re in the best interests of the child and legally valid. They can also address non periodic payments such as payment for school fees and contributions towards extra-curricular activities.

What If a Parent Doesn’t Pay?

If a parent fails to pay child support, Services Australia can take enforcement action, including:

• Deducting amounts from wages or tax refunds
• Collecting payments through Centrelink

Can Child Support Be Changed?

Yes. A child support assessment can be reviewed or changed if circumstances change, such as:

• A significant change in income
• Changes to care arrangements
• Additional costs related to the child’s needs

You can apply for a change of assessment through Services Australia or seek legal advice if you have a private agreement.

Does Child Support Cover Private School Fees?

Not automatically. The standard child support assessment does not usually include private school fees, extracurricular activities, or medical costs outside of Medicare. Howeveryou’re your child attended a private school before separation, there may be a strong case to continue that arrangement. These expenses can be:

• Negotiated in a child support agreement
• Considered under a change of assessment process

Is there a limit on child support payable?

Child support is assessed using a formula set by Services Australia, which applies up to an income cap (as of 2025, approx. $231,473, though this changes annually).

If your income exceeds the cap, only the income up to that cap is used in the formula. However, in some cases, the other parent may seek to include your higher income through a departure application or a Binding Child Support Agreement that reflects your actual financial capacity.

What If My Income Fluctuates

If you earn bonuses, dividends, or have other variable income, this may affect your assessment. The Child Support Agency can include non-salary income and deemed income in some cases, depending on your financial disclosures and information lodged with the ATO.

You may also face reassessment if:

• Your income increases significantly
• You restructure your finances (e.g. through trusts, companies, or property)
• The other parent applies for a change of assessment due to financial disparity

We recommend working closely with both a family lawyer and an accountant to ensure your obligations are fair and transparent — and that your financial structures are legally sound.

Can I Reduce My Child Support Obligations?

Possibly, but only under specific conditions. You may apply for a change of assessment if:

• You are paying for high-value expenses already (e.g. school fees, rent, health insurance)
• You have substantial contact and provide financial support in kind
• The child’s financial needs have changed
• The original assessment does not reflect your financial capacity accurately

However, the Court and Child Support Agency always prioritise the child’s best interests. Attempts to minimise support through artificial reductions in income are usually unsuccessful and may have legal consequences.

How Long Does Child Support Last?

Child support generally continues until the child turns 18, or until they finish secondary school, whichever occurs later. Payments may also stop earlier if the child becomes financially independent or gets married.

Do I Need a Lawyer for Child Support?

You don’t need a lawyer to use the Child Support Agency, but legal advice is strongly recommended if:

• You want to negotiate or draft a private child support agreement
• You’re experiencing non-payment issues
• You’re unsure of your rights or obligations

A lawyer can help you understand your options and ensure the best outcome for you and your child.

Need Help With Child Support?

At Berryman Partners, we provide clear, supportive legal advice on child support, parenting arrangements, and other family law issues. Whether you’re paying or receiving support, we can help you understand your rights and obligations.

📞 Contact us today to speak with one of our experienced family lawyers in Newcastle, Lake Macquarie, or the Hunter region.

---