Changing Child Support

Unhappy with current child support

If you are a parent of the child then under law, both parents have a duty to support their children financially.  Often people ask the question,

“If I didn’t plan to have the baby, do I need to pay child support?”

“I don’t want to have this baby, why should I have to pay child support?”

As a parent, you are required by law to support your children regardless of whether you were involved in the decision to keep the child or not. It doesn’t matter if the child was planned or if you were in a long-term or one night stand relationship.

If the baby is biologically yours, you must financially support it.

If you are unhappy with a decision made by the Child Support Agency, there are avenues that allow you to challenge them and have a new decision made in your favour.

The Department of Human Services allows for a number of procedures to challenge their decisions.

This includes an internal review process, or a right to apply to the Social Security Appeals Tribunal for a review of the decision.

Depending on the circumstance, you may even be able to apply to a court.

The options vary depending on your unique circumstances. A lawyer will be able to advise you as to what would be an appropriate action.

If you are unhappy with your private Child Support Agreement, you are always able to renegotiate something with your ex-partner and potentially come to a compromise.

Our experienced negotiators can help you get the results you want whilst ensuring your rights are protected.

Ending Child Support

There are only a few circumstances in which it is legal for Child Support Payments to stop being made. One of the most common circumstances is after the child’s 18th birthday.

However, if the child turns 18 during their last school year, you are liable for Child Support Payments until the end of that school year.

There are also some circumstances, such as a Child with intellectual or physical disabilities, in which Child Support payments will be extended past the child’s 18th birthday. This is called Child Maintenance.

Other circumstances in which Child Support Payments will cease include if the child:

  • Dies
  • Gets married or enters into a de facto relationship
  • Becomes adopted by other persons(s) or
  • Is no longer present or ordinarily in Australia or an Australian citizen, provided there is no international maintenance agreement applicable
  • If either parent dies
  • If the parents reconcile and are partners for at least 6 months
  • If neither parent is caring for the child
  • If the parent liable for Child Support moves to another country that is not included in an International Child Support Agreement with Australia
Divorce
How To Get A Divorce?
How to get a divorce in Australia if married overseas?
Divorce Counselling
Should I Change My Will After Divorce?
Child Custody
What are the best interests of the child?
What is equal shared parental responsibility in Australia?
Sole Parental Responsibility
Changing A Child Custody Agreement
Child Relocation After Divorce
How To Prevent My Children Travelling Overseas?
What is Supervised Contact?
Child Passport After Divorce
Grandparents Rights
Property Settlement
Divorce Property Settlement – How Much Will I Get?
Will I Receive 50% of Everything?
Coming To An Agreement Outside Of Court
Do I Pay Stamp Duty To Transfer My Property After A Divorce?
Financial Agreements
What is a Prenup?
What Are The Pros and Cons of Financial Agreements?
How Can I Get A Prenup Set Aside?
Consent Orders
Why do I need Family Court Consent Orders?
Application for Consent Orders
Contravention of Court Orders
Child Support
What is Child Support?
Apply for Child Support
Child Support Calculation
Changing Child Support
Family Mediation
5 Tips to Help Prepare for Family Mediation
What is a s60i Certificate?
Going to Court
Starting An Application
Filing A Response
Separation
Can You Be Separated And Live In The Same House?
Domestic Violence
ADVO – Apprehended Domestic Violence Order
Remove My ADVO
What Is Child Abuse?
Father's Rights After Separation
Formalise Your Agreement
Tip's For Fathers
Mothers' Rights After Separation
De Facto Relationships
Definition of De Facto Relationship
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