If your children spend most of their time with you, you are likely to be entitled to child support payments. The amount of child support payable varies according to your specific circumstances and is decided upon and monitored by the Child Support Assessment Agency.
The amount of child support is worked out based on things such as the income of both parties, the cost of the care of the children and the percentage of time the child spends with you.
How can I work out what child support I’m entitled to?
There is an online child support calculator provided by the Child Support Agency which can help you estimate both your child support and family assistance payments. This is an estimation only though, as the calculation is quite complex and tailored to your situation.
You might also benefit from reading the Parent’s Guide to Child Support.
What if my former partner makes undeclared cash income?
If you know that your partner is making cash income that is not declared to the Australian Taxation Office then you may be able to make an application to depart from the regular child support assessment and to increase the assessment to a level which accurately reflects their true financial position. This can be a complex legal process and you should seek legal advice to understand your options.
Can I overturn a decision made by the Child Support Agency if it’s not fair?
Yes, you may be able to. You have the right to object to the decision within 28 days and then an internal review of the decision will take place.
You can also continue to appeal if the original decision was upheld by applying for a review through the Social Security Appeals Tribunal.
What if my ex-partner doesn’t pay?
The Child Support Agency has the power to investigate and enforce payment which includes the power to collect the payment from employers, the tax office and social security. It also has the power to stop people from leaving the country while there are outstanding payments.
We can help
Child support issues can be difficult to work through. We can help you find your way through the process and the legislation. Contact us to discuss your particular circumstances with an experienced child support lawyer in Melbourne.