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 generally based upon an assessment made by the Department of Human Services (Child Support).
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 Department 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 each individual situation.
You might also benefit from reading the Parent’s Guide to Child Support.
Can I overturn a decision made by the Department 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 within 60 days of the objection being filed.
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 Department of Human Services (Child Support) has the power to investigate and enforce payment which includes the power to collect the payment from employers, the tax office and Centrelink. 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 sensitive and difficult to work through, but we can help you understand the process and the legislation. Contact us to discuss your particular circumstances with an experienced child support lawyer.