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09 April 2021

In their best interest

Family Law
Federal

Asked

Family law - Child support matters

What is the process for dealing with child support matters?

Answered

Thank you for the question.

The following extracts are from the By Lawyers Children commentary:

Child support

Matters relating to child support are dealt with through the Services Australia process. For information about administrative requirements see the Services Australia Child Support page.

There are times though when the child support assessment does not reflect a child’s unusual and additional needs. There are several options in these circumstances.

Option 1: After the administrative assessment, if either parent objects to the assessment, they then need to use the administrative departure process. See Part 6A of the Child Support (Assessment) Act 1989 (CSAA). The form to be used for the administrative departure process is the Application to Change Your Assessment – Special Circumstances form. Once Services Australia makes a decision on that application, either party may then seek a review of that decision from the Administrative Appeals Tribunal (AAT). Appeals from the AAT decision are then directed to the court on a question of law.

Option 2: If the parties already have proceedings on foot in the Family Court or Federal Circuit Court for property, parenting, or spousal maintenance, then the party may be able to apply under s 116 for the court to make a departure order. The court needs to be satisfied that it would be in the interests of the payer and payee to consider the matters together. Refer also to ss 117 of the CSAA. This would therefore bypass the change of assessment application through Services Australia. This option may only be used if there are proceedings before a court with jurisdiction to hear a departure application, which includes the Family Court and the Federal Circuit Court: s 116(1)(b).

Child support agreements

The parties may come to an agreement between themselves in relation to child support payments. Agreements can include provision for payment of periodic amounts, lump sum payments and non-periodic payments such as school fees and health insurance. Child support agreements are ‘binding’ or ‘limited’: s 80A of the Child Support (Assessment) Act 1989.

See the Child support folder in B. Settling it early on the matter plan for child support agreements and related precedents.

Regards

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