Child Support Lawyers Sydney
Get clear guidance from our Sydney child support lawyers about your child support rights, obligations and entitlements after separation, including assessment, change of assessment, enforcement and recovery.
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If your child support assessment doesn’t seem to add up, talk to our child support lawyers.
Child support was designed to ensure children receive financial support from separated parents, but our child support lawyers know that it isn’t always a straightforward equation.
The child support system in Australia is administered by Services Australia unless parents collect privately or have a registered child support agreement. Child support formulas can be complex, and may not work for all separated families. Most people receive their assessment without realising all of the variables behind it, or understanding how the system actually works.
Our team can help you to understand your assessment, review it, and assist with administrative assessments, re-assessments, recovery and enforcement.
Disputing a child support matter?
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Get in touch with our Sydney team of child support lawyers today to discuss your situation and find out more about your legal options.
Understanding the Child Support Scheme & assessments in Australia
Child support is a fundamental aspect of Australian legislation for separated parents, designed to ensure that children receive financial support required to maintain stability, security and access to essential resources such as food, housing, education, clothing and healthcare after their parents divorce or separate, but it doesn’t always add up for people with non-standard circumstances.
It can be simple for some, for instance two parents who share care and earn the same amount, or a stay-at-home-parent receiving a set amount from a working parent who spends time with their children over holidays. However, for many people, the system can generate assessments that don’t take into account both parties’ genuine financial circumstances.
This may be due to child support avoidance tactics such as deliberately underearning, or running a business with deductions or financial resources that are not reflected accurately on a standard tax return. It may be that agreements to pay are not being honoured. It could be due to high care costs associated with raising a child, or the expenses of travelling to see a child after one parent relocates.
Managing the system effectively often requires experienced legal guidance. No one really explains how it works and the guidelines are complicated, yet it becomes a legal and financial obligation for parents that can go on for many years. Our child support lawyers can review your assessment and in some circumstances, help you to apply for adjustments that are a fairer reflection of your real circumstances.
Child Support calculations - income, care & formulas
The general Services Australia assessment for child support is based on each parent’s adjusted taxable income after a self-support amount is deducted (which is $31,046 in 2026, and set out in section 45 of the Child Support (Assessment) Act 1989), and the percentage of care that each parent has of their children. Each parent’s income percentage is considered against care costs of children (which are set annually by the government based on children’s ages and the number of children in a family), and a cost percentage is assigned to each parent. The cost percentage is the basis of the assessment calculated by Services Australia, and an amount is set as payable by one party to the other party, or balanced at $0 in some circumstances. The standard calculator for child support can be found here.
In straightforward situations, this formula generally works. It is less reliable where a family’s circumstances sit outside the ordinary, or if either parent is using tactics to reduce their liability. What if one parent has their expenses met by family or a partner and the other has high mortgage or medical costs? What if one parent’s taxable income is much lower due to business deductions, complex structures or trusts? What if a child has higher schooling costs, or needs to see specialists regularly?
All of these variables can make the standard assessment formula unsuitable for some families. If your child support arrangement doesn’t seem balanced, there may be ways to have it reassessed, or grounds for departure in special CC cases. Our child support lawyers can review your assessment and tell you whether an eligible reason applies before you spend months on an application.
Not sure your assessment reflects your circumstances? Our child support lawyers in Sydney offer a free 10-minute discovery call.
Child support enforcement - what happens when a parent doesn't pay?
If a parent doesn’t pay child support on Agency Collect, Services Australia will manage debt recovery and enforcement. This may include employer withholding or interception of funds in bank accounts or from tax returns, as well as fees for late or non-payment, which are paid to the Commonwealth, not the receiving parent.
In some instances, parents with substantial child support debts may have an order issued so they are unable to use their passport to travel overseas. This is called a Departure Prohibition Order, which is made under section 72D of the Child Support (Registration and Collection) Act 1988, and is used when substantial child support debts are outstanding. These orders are enforced by the Australian Federal Police and Australian Border Force.
If a parent receives child support on Private Collect, the receiving parent will unfortunately generally be responsible for recovery, apart from three months back which Services Australia may collect on behalf of the receiving parent, or nine months in exceptional circumstances.
Recovery can require private lawyers and court, which can be costly to initiate, and the onus is on the receiving parent to gather all evidence and documentation of payments not received. It’s a good idea to move to Agency Collect as early as possible if non-payment is an issue. If you have a Limited or Binding Child Support Agreement in place, collection of unpaid amounts will generally require legal action, or possible court proceedings.
Need help with recovering child support amounts? Get in touch with our team today to find out more about your options.
“The child support formula was designed for straightforward cases. For everyone else, there are 10 grounds for departure – and most parents don’t even know they have the right to make an application.”
Hayder Shkara, Justice Family Lawyers
Our Services
We provide support for a range of child support matters, addressing both immediate concerns and long-term considerations. Get in touch to find out how we can help.
Calculation Assistance
Work through the formula and considerations that apply to your situation.
Representation in Negotiations
Support during discussions with the other parent or their legal representative.
Documentation & Paperwork
Preparation and review of necessary forms, agreements and correspondence.
Enforcement Actions
Assistance if payments are missed or orders are not followed.
Dispute Resolution
Aim for cooperative solutions through mediation or other processes before court becomes necessary.
Court Representation
Present your case effectively if the matter needs to be decided by a judge.
Child support & property settlement - how one affects the other
Child support and property settlement are decided under different legal guidelines in Australia, and don’t generally affect each other directly. Child support is assessed administratively, not by the FCFCOA, and cannot be varied with Consent Orders, but the FCFCOA can make a departure order in limited circumstances. However, there are some crossovers which are worth considering.
A large settlement may affect one party’s financial resources or capacity, which could be assessed as a financial resource by Services Australia if a Change of Assessment is applied for. If a business or other investments that create ongoing income are split during settlement, this may impact either one parent’s ability to pay child support, or the other parent’s assessable income.
Child support may also be relevant when a court considers each parent’s current and future financial needs, including child support a party provides, is to provide, or may be liable to provide. A parent with ongoing primary care may be assessed as having higher ongoing costs which may impact property settlement adjustments under section 79 of the Family Law Act 1975 (Cth).
Child support arrangements can also include lump sum payments or large transfers made through a Binding Child Support Agreement or Limited Child Support Agreement, and may replace periodic child support.
If you are dealing with child support and property settlement, we can advise you on how the two may interact in your circumstances.
Private Collect vs Child Support Agency Collect - choosing the right method
In Australia, if you have a child support assessment made through Services Australia, the payee can choose how payments are received. The two main options are payments made from one parent to the other parent’s bank account, or having Services Australia collect from the paying parent and forward amounts to the receiving parent.
Agency Collect
Benefits of using this method include lowered risk of missed payments, less need for parents to communicate regarding Child Support payments and debts being managed directly by Services Australia. They can be slower to process, but are worth considering if there is a risk to non-payment or high-conflict dynamics
Private Collect
Benefits of private collect include more flexibility for parents and no government agency involvement. Risks include higher chances of non-payment and the receiving parent needing to initiate court proceedings at their own expense for any missed payments, unless they change back to Agency Collect, in which case, Services Australia may be able to collect 3-9 months of unpaid amounts. If Private Collect isn’t working, you can request that your payments are moved back to Agency Collect.
Family Tax Benefit & Child Support
Another consideration for parents is how child support collection interacts with Family Tax Benefit (FTB). FTB Part A is assessed on how much child support you actually receive if you use Agency Collect (the ‘Disbursement Method). If you use Private Collect, FTB is based on the assessed child support amount, regardless of if it is received (Modified Maintenance Income Test). This can create issues if child support isn’t paid on private collect – because the payee doesn’t receive child support, but is assessed for FTB purposes as if they have; and their FTB will not be adjusted for amounts not paid.
Applying for a Change of Assessment - the 10 grounds under section 117(2)(C)
It is possible to apply for a Change of Assessment through Services Australia, which if successful, is considered a departure from the administrative assessment. There are ten grounds for seeking a Change of Assessment under section 117(2)(C) of the Child Support (Assessment) Act 1989 applied by the Registrar under section 98C , which may or may not be approved. It’s important to be aware that a re-assessment can take months to finalise, and child support will need to be paid during this period. These assessments are not required when either parent’s reported income changes, as this is automatically calculated by Services Australia.
The ten grounds to apply for a Change of Assessment are when:
1: High costs of spending time with or communicating with your child
The cost of raising your child is significantly increased by the cost of spending time with or communicating with them, such as travel, accommodation or phone calls.
2: Your child has special needs
Your child has special needs, such as a physical, mental or learning disability, or particular talents or abilities, that significantly increase the cost of raising them.
3: Your child is being educated or cared for as you both intended
Your child is being cared for, educated or trained in a way you and the other parent had intended, such as attending a private school or receiving particular lessons.
4: Your child has their own income or assets
Your child's income, earning capacity, property or financial resources mean it may be unfair for the assessment to require the same level of financial support from their parents.
5: You have already provided significant support for your child
You have paid or transferred money, goods or property for your child's benefit, including in some circumstances as part of a property settlement.
6: Significant childcare costs
Your child's childcare costs significantly affect the cost of raising them and the child is under 12.
7: Necessary expenses affect your ability to pay
You have necessary expenses that significantly reduce your capacity to support your child, such as substantial medical costs or certain costs following separation.
8: A parent's income or financial resources are not reflected properly
Your or the other parent's income, earning capacity, property or financial resources are not properly reflected in the assessment, including circumstances where earning capacity is greater than the income being assessed. If a parent is no longer working and has reduced hours or changed work pattern, this may be considered underearning.
9: You support another child or person
Your capacity to support your child is significantly reduced because you have a responsibility to support another child or person, including where they have special needs.
10: You support a resident child who is not legally yours
Your responsibility to support a child who normally lives with you, but is not legally your child, significantly reduces your capacity to support another child.
Making an application to the Registrar
A written application is made to the Registrar through the change of assessment process that is administered by Services Australia under section 98B of the Act and considered under 98C, and will only be granted if the Registrar is satisfied that the changes would be just and equitable, and otherwise proper, with regards to the child, the carer entitled to child support and the liable parent. It’s also important to be aware that most of the information provided to Services Australia during a COA is shared with both parents during the re-assessment period, and it’s worth getting advice on what needs to be included, and how sensitive information is handled. It is generally advised to remove any personal information you do not want to be shared.
Still have questions? Get in touch with Justice Family Lawyers child support team today.
Founder Insight
In my experience, it’s quite common for people to accept a child support assessment without checking whether everything lines up. The formula treats parents as interchangeable, but real circumstances rarely fit a spreadsheet. Earning capacity is a commonly overlooked area. If your former partner has left a job, reduced their hours, or restructured their income since separation, the formula often understates what they should be contributing. Knowing which of the grounds applies to your situation is the difference between an assessment which may not be fair that you keep paying, or being underpaid through, and one you may be able to change to better reflect the reality.
Hayder Shkara, Principal, Justice Family Lawyers
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Disputing a child support assessment - objections, ART & FCFCOA departure orders
There are different ways to address child support arrangements if you disagree with an assessment. If you would like the assessment to be re-assessed due to special circumstances, you will need to apply to Services Australia for a Change of Assessment. If you disagree with the outcome, or the other parent has applied for a Change of Assessment you don’t agree with, you can lodge an objection to the change through Services Australia. This generally needs to be done within 28 days after you receive the decision notice, or within 90 days if the person objecting is living outside of Australia in a reciprocating jurisdiction.
If the objection is unsuccessful, you may be able to apply to the Administrative Review Tribunal for further consideration. If you have a complex child support matter or court orders in place for child support, or have been unable to resolve your matter through Services Australia and ART, you may be able to resolve your matter through court proceedings in the FCFCOA via an s117 departure order, in line with section 116 of the Child Support (Assessment) Act 1989. We’ll look at applying for a Change of Assessment through Services Australia below.
Applying for a Services Australia Change of Assessment
Step One: Apply for Change of Assessment through Services Australia which is assessed by the Child Support Registrar under section 98B of the Child Support (Assessment) Act 1989. The application must meet one or more of the statutory grounds set out in the Act. This process often requires a large amount of supporting documentation and full financial disclosure. Information provided by either party is also shared with the other party in most cases.
Step Two: Assessment will be undertaken by Services Australia, based on information provided. They will also request information from the other parent. This can take months, or even longer if further information is required, or if either parent delays the assessment. It’s very important to be aware that Services Australia will often continue taking payments from the liable parent while this process is undertaken.
Step Three: Services Australia will inform each party of the outcome, which will be to vary the assessment, or to leave it as is. If either party disagrees, they can lodge an objection within 28 days, and Services Australia will internally review the matter.
Step Four: Services Australia will affirm, vary or set aside the Change of Assessment. This process can again take months to process. If either party is still dissatisfied with the outcome, they can move the matter to external review in some cases. Again, it’s important to be aware that Services Australia will continue to collect payments at the assessed amount during the objection process.
Step Five: If either party disagrees, they can apply to the Administrative Review Tribunal within 28 days of Services Australia providing a decision. The ART is an external review process, and they can reconsider the entire decision and affirm or adjust the assessment. This process can take months, or even longer depending on their current backlog and collection will not be suspended unless a stay is granted under section 111C of the Child Support (Registration and Collection) Act 1988.
Step Six: Although court involvement is rare, in limited cases, matters may be heard in the Federal Circuit and Family Court of Australia after these steps have been taken. The court may allow for a departure order to be made if they are satisfied that it meets the conditions set out in section 117 of the Child Support (Assessment) Act 1989.
If you are considering a reassessment, objecting to an assessment, or considering an administrative appeal, get in touch with our child support lawyers for advice relative to your matter.
Why Work With Justice Family Lawyers?
Child support can have many implications for the financial wellbeing of your child, but may not always fit the standard assessment formulas. Our Sydney team of child support lawyers can help you understand assessments, apply for a Change of Assessment in some circumstances, and manage objections, ART matters and court proceedings where necessary.
We can assist with drafting Limited and Binding Child Support Agreements, and dealing with disputes, recovery and enforcement. Get in touch for a free 10-minute discovery call to discuss your options, and get clear advice on the pathways available.
How We Work Together
Step 1. Contact Us
We listen to your situation, identify the immediate issues and help you understand the most sensible next step.
Step 2. Get Clear Advice
We explain your legal position, answer your questions and outline a practical strategy for your child support matter.
Step 3. Confident Resolution
We work toward a legally binding outcome through negotiation, mediation, or court, where required, so you can move forward with certainty.
You Are In Safe Hands
Our Team
Meet Hayder Shkara - Director, Justice Family Lawyers
Director
Hayder Shkara is the Director of Justice Family Lawyers.
A strong media personality, Hayder is considered an authority on all Australian legal matters. He is the founder of the practice and is passionate about combining clear legal strategy with empathetic client care.
An Olympian who represented Australia in Taekwondo at the Rio de Janeiro Olympic Games, Hayder brings discipline, strategic thinking and composure to complex family law matters.
Harpreet Bawa
Senior Associate
Family law specialist with expertise in complex financial splits, recovery and relocation orders, and high-conflict parenting matters.
Monique Alexander
Senior Associate
Family law practitioner skilled in property and parenting matters, drawing on her background as a Court Associate to provide informed, effective advocacy.
Laila Sayed
Solicitor
Family law solicitor specialising in parenting and property disputes, known for her empathy, advocacy, and client-focused approac
Bree Campbell
Solicitor
Family and criminal law solicitor specialising in AVO matters, criminal defence, and parenting and property disputes.
Karly Muller
Solicitor
Karly graduated from Western Sydney University with a Bachelor of Laws (LLB) in 2021 and completed her Graduate Diploma in Legal Practice (GDLP) with the College of Law in 2022.
Frequently Asked Questions
Can child support be agreed on without involving Services Australia?
Yes. Parents can make a private child support agreement if both parties are willing, in a few ways. The first is to use Private Collect through Services Australia, have an amount assessed and agree on how and when payments are made privately. This may not be suitable if non-payment is an issue. The other methods are through private child support agreements, which will need to be drawn up by a lawyer.
One type is a Binding Child Support Agreement, and the other is a Limited Child Support Agreement. Independent legal advice is necessary for both parties before entering into a Binding Child Support Agreement, or ending one. Limited Agreements require an existing Services Australia assessment and in most cases, must provide for at least the assessed rate. These types of agreements generally require legal assistance, and costs can vary from $3000 to $10,000 for complex arrangements.
What happens if the paying parent's or receiving parent's income changes?
A change in income can affect the amount of child support payable or received. Services Australia requests any income changes to be reported as soon as they happen to avoid overpayment or underpayment. Assessments are adjusted annually based on each parent’s previous year of taxable income.
Is child support only for basic needs?
No, the receiving parent is responsible for deciding what it is used for. While it covers essentials like food, clothing and shelter, it can also contribute to other costs such as school fees, medical expenses and extracurricular activities, depending on the arrangements in place.
Can child support assessments be changed later?
Yes, assessments will be updated annually through Services Australia, or if a Change of Assessment is made. They may also change if a change of care occurs, or if either parent’s income goes up or down, depending on the circumstances. If parents are using Binding or Limited Child Support Agreements, parties would need to have the agreement changed to alter amounts.
Is child support still payable if the other parent lives overseas?
Child support can still be arranged and enforced if one parent lives overseas, provided the country is part of Australia’s network of reciprocal child support jurisdictions. Services Australia can assist with the process in such cases.
Do I need child support lawyers to apply for a Change of Assessment?
You do not have to use a lawyer to apply for a Change of Assessment. Services Australia deals with the parties directly in the Change of Assessment process rather than with solicitors appearing on their behalf, but a lawyer can advise on grounds, evidence and submissions, and can represent you at the ART or in court. However, a lawyer can advise on the appropriate grounds, evidence and submissions, then represent you if the matter progresses to the Administrative Review Tribunal or court.
Does child support automatically end at 18?
Usually, child support ends when a child turns 18. However, an assessment can be extended if the child is still in secondary education and the statutory requirements are met. An application to extend the assessment must generally be made before a child turns 18.
Ready to resolve your child support dispute?
Get clear advice about your child support rights and options. Book a consultation with our Sydney child support lawyers to understand your position and the next steps for your circumstances.